Allowed

Yogendra Chaurasia@Jogerndra v. State of U.P. and Another

Allahabad HC9 Jul 2024CRLA/2151/2024

Case brief

AI extract

What is this about?

Criminal appeal challenging proceedings under Section 354-B IPC and the SC/ST Act where the complainant's affidavit clarified the appellant was absent at the incident and implicated only the main accused. The court quashed the trial proceedings against the appellant alone and directed continuation against the main accused.

What did the court decide?

Entire proceedings of S.S.T. no. 433 of 2023 and impugned charge sheet and summoning order quashed qua the appellant only.

Yogendra Chaurasia@Jogerndra vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:149245

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 2151 of 2024

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Appellant :- Yogendra Chaurasia@Jogerndra Respondent :- State of U.P. and Another Counsel for Appellant :- Shashi Kant Dwivedi Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Shashi Kant Dwivedi, learned counsel for appellant and learned AGA for the State.

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In spite of notices issued against opposite party no. 2, it has been reported through the report received from concerned learned Chief Judicial Magistrate, District Deoria that opposite party no. 2 was residing over the address which is mentioned in the FIR on rental basis now she moved to some another place which is not traceable and as such the notices have not been issued upon opposite party no. 2.

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The instant appeal has been preferred with a prayer to set aside/quash the entire proceedings of S.S.T no. 433 of 2023 (State vs. Noor Hasan and another) arising out of Case Crime no. 162 of 2023 under Section 354-B IPC and Section 3(2)(va) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, Police Station- Barhaj, District Deoria as well as impugned charge sheet dated 22.6.2023 and impugned cognizance/summoning order dated 7.8.2023 passed by Special Judge (SC/ST Act) Court no. 2 Deoria in the aforesaid case. It is further prayed to stay the proceeding of S.S.T No. 433 of 2023 during pendency of present appeal.

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Learned counsel for appellant sought the attention of the Court over the statement recorded under Section 161 Cr.P.C but the same has been later on clarified by way of preferring an affidavit before the Inquiry Officer concerned which is taken on record and form part of the Case Diary through which it has been intimated that appellant was not available at the time and date of the incident along with the main accused who is one Noor Hasan son of Jhillu resident of village Nandana, West Ashram Barhaz, Barhaz, Deoria but in spite of the same charge sheet has been preferred against the appellant also under the same sections which has been extended against the main accused, which culminated into order dated

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07.08.2023 through which cognizance of offence under Section 354(b) of IPC along with Section 3(2)(v) of SC/ST Act has been taken by way of summoning the appellant.

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Learned counsel for appellant while challenging the charge sheet dated 22.06.2023 and order dated 07.08.2023 submitted that once it is crystal clearly proved from the affidavit preferred at the behest of the opposite party no. 2 by way of excluding the appellant then charge sheet preferred against the appellant and the cognizance order dated 07.08.2023 passed by learned court of Special Judge, SC/ST Act, Deoria is not maintainable in the eye of law.

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Per contra, learned AGA however, vehemently opposed the prayer as made in the appeal but did not disputed the fact with regard to the affidavit which is taken up as part of the Case Diary through which it is apparent that no cause of action survives against the appellant at the behest of opposite party no. 2.

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In view of the aforementioned facts and circumstances, entire proceeding initiated in shape of Special Session Trial no. 433 of 2023 arising out of Case Crime no. 162 of 2023 in which appellant has been summoned in respect of Section 354(b) of IPC and 3(2) (v) of SC/ST Act is hereby quashed only in respect of appellant i.e. Yogendra Chaurasia@Jogerndra. However, it is made clear that learned trial court is hereby directed to proceed with Session Trial no. 433 of 2023 against main accused as per law.

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The instant appeal stands allowed accordingly.

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Order Date :- 11.9.2024 Shaswat

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

Yogendra Chaurasia@Jogerndra v. State of U.P. and Another

Case brief

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Yogendra Chaurasia@Jogerndra v. State of U.P. and Another

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