Disposed

Kuldeep and 4 Others v. State of Up and Another

Allahabad HC16 Jul 2024CRLA/1211/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad disposed of a criminal appeal challenging a summoning order under the SC/ST Act. Relying on Hitesh Verma, the court did not accept the petitioners' contention that the offence was not established. It directed the Special Judge to expedite proceedings within 12 months and suspended coercive action pending disposal.

What did the court decide?

Expeditious disposal of proceedings directed within 12 months; coercive action stayed pending disposal.

Kuldeep and 4 Others vs State of Up and Another — Caste Atrocities | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:113801

¶2

Court No. - 83

¶3

Case :- CRIMINAL APPEAL No. - 1211 of 2024

¶4

Appellant :- Kuldeep And 4 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Jai Kishan,Vipin Kumar Counsel for Respondent :- G.A.

¶5

Hon'ble Saurabh Srivastava,J.

¶6

Heard learned counsel for appellants and learned AGA. Although notice has been served upon respondent no.2 but no one appeared on her behalf even in the revised call.

¶7

The present appeal has been preferred challenging the summoning order dated 24.01.2024 passed by Special Judge, SC/ST Act, Etah in Complaint Case No.217 of 2022 (Mahendra Vs. Kuldeep and others), under Section 323, 504, 506 IPC and Section 3(2)Va of SC/ST Act, P.S. Jalesar, District Etah.

¶8

While challenging the summoning order dated 21.01.2024, learned counsel for appellants submitted that there is hardly any attraction of Section 3(2)Va of SC/ST Act since the sole dispute has been arisen out of civil matter which clearly demonstrated that the allegation whatsoever has been put forward by respondent no.2, is baseless and specially does not attract the offence committed under the SC/ST Act.

¶9

For substantiating his arguments, learned counsel for appellants relied upon paragraph 18 of the judgment rendered by Hon'ble the Apex Court in the case of Hitesh Verma Vs. State of Uttarakhand and Another [(2020) 10 SCC 710] which is being reproduced hereinbelow:-

¶10

"18. Therefore, offence under the Act is not established merely on the fact that the informant is a member of Scheduled Caste unless there is an intention to humiliate a member of Scheduled Caste or Scheduled Tribe for the reason that the victim belongs to such caste. In the present case, the parties are litigating over possession of the land. The allegation of hurling of abuses is against a person who claims title over the property. If such person happens to be a Scheduled Caste, the offence under Section 3(1)(r) of the Act is not made out."

¶11

Per contra, learned AGA vehemently opposed the prayer as made in the appeal and supported the summoning order on the ground that after considering the material on record, learned concerned court has rightly passed the said order but did not dispute the fact that appellants are having no criminal history to their credit.

¶12

By bare perusal of the said judgment, it is crystal clear that the instant matter is squarely covered with the same.

¶13

In view thereof, learned court of Special Judge, SC/ST Act, Etah is hereby directed to expedite and finalize the proceedings of Complaint Case No.217 of 2022 (Mahendra Vs. Kuldeep and others), under Section 323, 504, 506 IPC and Section 3(2)Va of SC/ST Act, P.S. Jalesar, District Etah as expeditiously as possible, preferably within a period of 12 months from the date of presentation of a certified copy of this order before him without granting any unnecessary adjournment to either of the parties.

¶14

Learned counsel for appellants assures on behalf of the appellants that they will fully cooperate with the learned trial court concerned for expeditious disposal of the said case.

¶15

However, it is made clear that till the disposal of the proceedings of the aforementioned case, no coercive action shall be taken up against the appellants herein.

¶16

The instant appeal stands disposed of.

¶17

Order Date :- 16.7.2024 Vivek Kr.

¶18

Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad

Kuldeep and 4 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Kuldeep and 4 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashu and Another vs State of U.P. and Another

Virendra Yadav @ Vicky vs State of U.P. and Another

Surendra Singh and 5 Others vs State of Up and Another

Amit Alias Amit Kumar and 3 Others vs State of Up and Another

Radha Kishan and 5 Others vs State of U.P. and Another

Paras Yadav and 3 Others vs State of U.P. and Another