Allowed

Rajendra Kumar Chaurasiya Alias Rajendra Chaurasias and Another v. State of U.P. and Another

Allahabad HC22 Jul 2024CRLA/1834/2024

Case brief

AI extract

What is this about?

A Bench of Hon'ble Saurabh Srivastava, J. allowed a criminal appeal against a cognizance order dated 28.09.2023 under the SC/ST Act, setting it aside for not mentioning specific sections taken up for cognizance, and remitted the matter to the Special Judge.

What did the court decide?

Cognizance order dated 28.09.2023 set aside; matter remitted to Special Judge for reconsideration and fresh order if needed.

Rajendra Kumar Chaurasiya Alias… — Constitutional and Fundamental Rights | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:116556

¶2

Court No. - 83

¶3

Case :- CRIMINAL APPEAL No. - 1834 of 2024

¶4

Appellant :- Rajendra Kumar Chaurasiya Alias Rajendra Chaurasias And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Anand Kumar Tripathi,Parijat Mishra Counsel for Respondent :- G.A.,Saurabh Singh,Utsav Singh

¶5

Hon'ble Saurabh Srivastava,J.

¶6

Heard Sri Parijat Mishra along with Sri Anand Kumar Tripathi, learned counsel for the appellants, learned counsel for opposite party No.2 as well as learned AGA for the State.

¶7

This criminal appeal under Section 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act') has been filed against the summoning/cognizance order dated 28.09.2023 passed by court of learned Special Judge, SC/ST (PA) Act, Mirzapur in Sessions Trial No. 888 of 2023 arising out of Case Crime No. 28 of 2023 under Sections 427, 452, 323, 504 I.P.C. and Section 3(2)(va) of SC/ST Act, Police Station-Dramandganj, District-Mirzapur pending in the court of learned Special Judge, SC/ST (PA) Act, Mirzapur.

¶8

While challenging the cognizance order dated 28.09.2023, learned counsel for the appellants submitted that neither the section mentioned in the chargesheet has been reproduced nor the specific section has been mentioned for which the cognizance has been taken up by the court of learned learned Special Judge, SC/ST (PA) Act, Mirzapur. Rest of the other grounds taken up by preferring appeal are also convincing since the matter as argued by learned counsel for the appellants relied upon judgment rendered by Hon'ble Apex Court in case of Hitesh Verma Versus the State of Uttarakhant and Another, Criminal Appeal No. 707 of 2020 arising out of SLP (Criminal) No. 3585 of 2020, dated 05.11.2020.

¶9

Per contra, learned AGA for the State, although vehemently opposed the prayer but did not disputed the fact that the mandatory provisions as well as format of the order through which the cognizance has been taken by learned court concerned must mention the sections over which the cognizance has been taken.

¶10

In absence of the specific sections in the order dated 28.09.2023 which was mandatory before passing the order of taking cognizance over the chargesheet preferred by the concerned investigation officer, the cognizance order dated 28.09.2023 is hereby set-aside.

¶11

Matter is remitted back to the court of learned Special Judge, SC/ST (PA) Act, Mirzapur for reconsideration of the cognizance order dated 28.09.2023 and, if needed, pass a fresh order.

¶12

In view of the above, instant criminal appeal is partly allowed .

¶13

Order Date :- 22.7.2024 Karan

¶14

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

Rajendra Kumar Chaurasiya Alias Rajendra Chaurasias and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rajendra Kumar Chaurasiya Alias Rajendra Chaurasias and Another v. State of U.P. 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

Parties & counsel

Coram

Case details

Similar cases

Ranjeet Singh vs State of Up and Another

Roopnarayan Sharma and 5 Others vs State of U.P. and Another

Narendra Singh and 2 Others vs State of Up and Another

Mahaveer vs State of U.P.

Atul Pal vs State of Up and Another

Vinay Kumar and 3 Others vs State of Up Others