Disposed

Raman Talwar and 4 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Allahabad HC10 Jul 2024CRLA/2137/2024

Case brief

AI extract

What is this about?

Appeal under Section 14-A of SC/ST Act against a summoning order in a caste-atrocity case. Noting the complainant's husband denied that any case was filed by them, the court found a prima facie case for interference and stayed further proceedings against the appellants, calling for an affidavit from the State explaining the circumstances.

What did the court decide?

Proceedings of Sessions Trial No.1091 of 2024 against the appellants stayed until further orders.

Raman Talwar and 4 Others vs State of U.P. Thru. Prin… — Caste Atrocities | Allahabad HC (2024)

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Court No. - 11

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Case :- CRIMINAL APPEAL No. - 2137 of 2024

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Appellant :- Raman Talwar And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Appellant :- Nitin Kumar Mishra,Dharmendra Jaiswal,Shubhra Sahai,Vijay Kumar Dwivedi Counsel for Respondent :- G.A.

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Hon'ble Abdul Moin,J.

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Heard.

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The instant appeal under Section 14-A(1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Act, 1989") has been filed against the summoning order dated 04.05.2024 passed in Sessions Trial No.1091 of 2024 in Re: State of U.P. Vs. Raman Talwar and Others arising out of Case Crime No.0444 of 2023, Police Station Bakshi Ka Talab, District Lucknow.

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The contention of learned counsel for the appellant is that an F.I.R. has been lodged by the respondent No.4 namely Smt. Janaki on 02.12.2023 against the appellants under various provisions of the IPC and under Sections 3(1)(r) and (s) of the Act, 1989.

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In pursuance thereof, the summoning order dated 04.05.2024 has been issued by the learned court, a copy of which is annexure 14 to the affidavit.

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Being aggrieved, the instant appeal has been filed.

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This Court, vide order dated 10.07.2024, had issued notice to the respondent No.4.

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As per the office report dated 09.08.2024 which indicates that as per the C.J.M., Lucknow's compliance report the notice is unserved inasmuch as, upon contacting the respondent No.4, she was not present and her husband denied to receive the notice by indicating that no case has been preferred by them and as such, he would not give any receiving.

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Considering the aforesaid report of the learned C.J.M. which also indicates about the statement of the husband of the respondent No.4, prima facie case for interference is made out.

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As such, until further orders, the proceedings of Sessions Trial No.1091 of 2024 in Re: State of U.P. Vs. Raman Talwar and Others arising out of Case Crime No.0444 of 2023, Police Station Bakshi Ka Talab, District Lucknow, so far as it pertains to the appellants, shall remain stayed.

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Let an affidavit be filed by the learned A.G.A. within three weeks indicating as to under what circumstances despite an F.I.R. having been lodged by Smt. Janaki, a copy of which is annexure 3 to the affidavit, her husband has indicated that no such proceedings have been initiated by them.

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List thereafter.

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Order Date :- 5.9.2024 S. Shivhare

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Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench

Raman Talwar and 4 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Case brief

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Raman Talwar and 4 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Case brief

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