Harbansh Singh and Another v. State of Up and Another

Neutral Citation No. - 2024:AHC:145128

Court No. - 83

Case :- CRIMINAL APPEAL No. - 1647 of 2024

Appellant :- Harbansh Singh And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Kuldeep Singh Counsel for Respondent :- G.A.

Hon'ble Saurabh Srivastava,J.

1. Heard Sri Kuldeep Singh, learned counsel for the appellants and learned AGA for the State. Despite service of notice, no one appeared on behalf of respondent no.2 even in the revised list.

1. The instant appeal has been preferred with a prayer to quash order dated 29.01.2024 passed by learned Special Judge, SC/ST Act, Chitrakoot in Misc. Criminal Case No.05 of 2023 through discharge application preferred on behalf of appellants was rejected. Further prayer has been made to quash the entire proceedings of Complaint Case No.79 of 2019 (Hiramani Vs. Harbansh Singh and others), under Section 452, 376-Gha, 506 IPC and Section 3(2)5 of SC/ST Act, P.S. Pahadi, District Chitrakoot, pending in the court of learned Special Judge, SC/ST Act, Chitrakoot.

1. Learned counsel for appellants argued that the impugned order was passed against the weight of evidence available on record since there was no medical examination report and also it is a case of no injury. Learned counsel for appellants further argued that if the offence under Section 452 IPC is committed by the appellants then no offence will be made out in pursuance of SC/ST Act since the same will not come under the public view, moreover the appellants never used caste abusive words against respondent no.2 and as such, the order impugned may be quashed alongwith the entire proceedings of the said complaint case.