Dismissed

Sumit Kumar v. State of Up and Another

Allahabad HC26 Jul 2024CRLA/1633/2024

Case brief

AI extract

What is this about?

Special Judge rejected discharge application under Section 227 Cr.P.C in an SC/ST Act case involving alleged murder. Appellant challenged proceedings citing FIR delay and lack of motive. High Court declined interference, finding no infirmity in charge sheet or summoning order based on prima facie evidence.

What did the court decide?

Appeal dismissed; proceeding in S.S.T no. 2922 of 2023 stayed status quo.

Sumit Kumar vs State of Up and Another — Caste Atrocities | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:120539

¶2

Court No. - 83

¶3

Case :- CRIMINAL APPEAL No. - 1633 of 2024

¶4

Appellant :- Sumit Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- Arvind Kumar Dixit Counsel for Respondent :- G.A.,Shiv Mangal Pandey,Yadvendra Mani Mishra

¶5

Hon'ble Saurabh Srivastava,J.

¶6

Heard learned counsel for the parties.

¶7

The instant appeal has been preferred with a prayer to allow the appeal as well as discharge application 11b dated 31.01.2023 moved by the appellant under Section 227 Cr.P.C in S.S.T no. 2922 of 2023 (relating to Case Crime no. 482 of 2023) under sections 302, 364, 201 IPC and 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989, PS- Narakhi, District Firozabad and further quash and set aside the charge sheet dated 11.11.2023 summoning order dated 12.12.2023 as well as order dated 07.02.2024 and the entire proceeding of S.S.T no. 2922 of 2023 (relating to Case Crime no. 482 of 2023), under sections 302, 364, 201 IPC and 3(2) (v) of SC/ST Act, 1989, PS-Narakhi, District Firozabad. It is also prayed to stay the entire proceeding of S.S.T no. 2922 of 2023.

¶8

Factual matrix of the case is that informant lodged present FIR against appellant on dated 21.10.2023 with regard to incident dated 19.10.2023. It was alleged that on dated 19.10.2023 appellant took away the son of informant for engaging him in the work of cropping potato in the field of appellant but son of informant never returned to his home and as such informant lodged FIR against appellant. Later on during investigation, dead body of informant's son was found from the lease land of appellant. After recording statements and completing investigation, the Investigating Officer submitted charge sheet on dated 11.11.2023 before learned Special Judge, SC/ST Act, Firozabad who took cognizance upon it vide order dated 12.12.2023 and summoned appellant along with one another co-accused. Being aggrieved with the summoning order dated 12.12.2023, appellant moved an application under Section 227 Cr.P.C for discharging him from implication under Section 3(2)(v) of SC/ST Act, 1989 but the said application was rejected by learned Special Judge, SC/ST Act, Firozabad vide order dated

¶9

07.02.2024 which has been impugned through the instant appeal.

¶10

Learned counsel for appellant challenged the entire proceeding on the ground that the FIR has been lodged after a delay of about 51 hours. There is no motive of appellant to commit murder of son of informant. Only on the basis of different caste of appellant and informant, provisions of SC/ST Act, 1989 is not attracted.

¶11

Learned AGA vehemently opposed the prayer sought through the instant appeal and supported the entire proceeding carried out against the appellant.

¶12

After hearing the rival submissions extended by learned counsels for the parties and perusing the records including the FIR, charge sheet, summoning order, statement of informant recorded under Section 161 Cr.P.C prima facie at this stage it cannot be said that no offence is made out against the appellant. None of the grounds raised through the instant appeal are convincing enough within the ambit of law to attract interference by this Court. I do not find any infirmity in the impugned charge sheet dated 11.11.2023 and summoning order dated 12.12.2023.

¶13

The instant appeal stands dismissed accordingly.

¶14

Order Date :- 26.7.2024 Shaswat

¶15

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Sumit Kumar v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Sumit Kumar 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashish Verma vs State of U.P. and Another

Ram Saran and Another vs State of U.P. and Another

Rajbahadur and 4 Others vs State of U.P. and Another

Rakesh Kumar Patel and 2 Others vs State of U.P. and Another

Saiyad Haidar Raza and 9 Others vs State of Up and Another

Amit Jaiswal and 4 Others vs State of U.P. and Another