Disposed

Ajay and Another v. State of Up Others

Allahabad HC26 Jul 2024CRLA/174/2024

Case brief

AI extract

What is this about?

The Court stayed the operation of a summoning order passed by the Special Judge SC/ST Act for trial under Sections 323, 504, 506 IPC and Section 3(1)(Da)/(Dh) of the SC/ST Act. The stay was granted to allow the parties to file counter-affidavits and rejoinders on interim basis.

What did the court decide?

Stay of operation of summoning order dated 27.10.2023 till next date of listing.

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

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 174 of 2024

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Appellant :- Ajay And Another Respondent :- State Of Up Others Counsel for Appellant :- Ajay Vikram Yadav Counsel for Respondent :- Bhavisya Sharma,G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the parties.

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The instant appeal has been preferred against the summoning order dated 27.10.2023 passed by learned Special Judge SC/ST Act, Firozabad in Special Session Trial No. 2481 of 2023, State Vs. Ajay and another as well as Chargesheet dated 15.05.2023 arising out of Case Crime No. 282 of 2023, under Sections 323, 504, 506 IPC and Section 3(1) Da, Dha of SC/ST Act, Police Station-Sirsagang, District Firozabad whereby learned court below has summoned the appellants to face trial.

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Learned counsel for appellant challenged the impugned order on several other grounds inter alia on the ground that the impugned order is against the weight of evidence available on record. There is a specific allegation of opposite party no. 2 that he sustained injury but he was not medically examined which shows that except ocular version no other corroborative evidence or cogent evidence has been given by opposite party no. 2 during the investigation. The incident as alleged took place at house of opposite party no. 2 so it is not public place and as such impugned order passed for summoning appellants under the provisions of SC/ST Act is illegal.

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Matter needs consideration.

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All the opposite parties are granted four weeks time for filing counter affidavit.

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Appellant will have two weeks thereafter for filing rejoinder, if any.

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List thereafter.

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Till the next date of listing, effect and operation of order dated 27.10.2023 passed by learned Special Judge SC/ST Act, Firozabad in Special Session Trial No. 2481 of 2023 shall remain stayed.

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Order Date :- 26.7.2024 Shaswat

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

Ajay and Another v. State of Up Others

Case brief

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Ajay and Another v. State of Up Others

Case brief

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