Disposed

Amit Alias Amit Kumar and 3 Others v. State of Up and Another

Allahabad HC16 Jul 2024CRLA/1354/2024

Case brief

AI extract

What is this about?

This criminal appeal challenged a summoning order under the SC/ST Act and IPC in a land possession dispute. Relying on a Supreme Court precedent, the High Court affirmed the impugned order, directed expeditious disposal within 12 months, and stayed coercive action during trial.

What did the court decide?

Summoning order affirmed; trial to be concluded within 12 months; coercive action stayed pending trial.

Amit Alias Amit Kumar and 3 Others vs State of Up and… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:113799

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 1354 of 2024

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Appellant :- Amit Alias Amit Kumar And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Abhay Kumar Srivastava Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Abhay Kumar Srivastava, 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.

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The present appeal has been preferred challenging the summoning order dated 20.04.2023 passed by Special Judge, SC/ST Act, Hathras in Complaint Case No.389 of 2021 (Om Prakash Vs. Amit and others), under Section 323, 504, 506 IPC and Section 3(1)(da), 3(1)(dha) of SC/ST Act, P.S. Sikandararau, District Hathras as well as entire proceedings of the said complaint case.

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While challenging the summoning order dated 20.04.2023, learned counsel for appellants submitted that there is hardly any attraction of Section 3(1)(da), 3(1)(dha) 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.

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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:-

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"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

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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."

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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.

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

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In view thereof, learned court of Special Judge, SC/ST Act, Hathras is hereby directed to expedite and finalize the proceedings of Complaint Case No.389 of 2021 (Om Prakash Vs. Amit and others), under Section 323, 504, 506 IPC and Section 3(1)(da), 3(1)(dha) of SC/ST Act, P.S. Sikandararau, District Hathras 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.

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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.

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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.

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The instant appeal stands disposed of.

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Order Date :- 16.7.2024 Vivek Kr.

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

Amit Alias Amit Kumar and 3 Others v. State of Up and Another

Case brief

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Amit Alias Amit Kumar and 3 Others v. State of Up and Another

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