Disposed

Desh Raj @ Deshraj Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC29 Jan 2024CRLA/223/2024

Case brief

AI extract

What is this about?

In a criminal appeal under the SC/ST Act, the High Court considered a prayer to quash proceedings alleged to be malicious. After noting that the investigation into the underlying incident is pending and issuing notice to the private respondent, the Court stayed the impugned proceedings until further order.

What did the court decide?

Notice issued to private respondent; impugned proceedings stayed until further order.

Desh Raj @ Deshraj Yadav and Another vs State of U.P… — Caste Atrocities | Allahabad HC (2024)

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 223 of 2024

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Appellant :- Desh Raj @ Deshraj Yadav And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Sumit Kumar Srivastava Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record.

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The present appeal has been filed for quashing the entire proceedings of Complaint Case No. 188 of 2022 as well as summoning order dated 18.10.2023 passed by learned Special Judge (SC/ST Act), Sitapur U/s 354-B, 323, 504 I.P.C., Section 3(1)da, dha of SC/ST Act, Police Station- Ataria, DistrictSitapur as well as non bailable warrant order dated 16.12.2023.

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Learned counsel for the appellants submits that F.I.R./Case Crime No. 136 of 2022 dated 24.05.2022 U/s 279, 338 I.P.C., Police Station- Atariya, District- Sitapur was lodged on written complaint of private respondent with the allegation that on 04.05.2022, her son was called by appellants and was forced to climb on electric poll for removing some fault, thereafter, due to electric shock, he fell down and received injuries. He further submits that investigation of the aforesaid case was going on, in the meantime, one complaint was filed by private respondent U/s 156(3) Cr.P.C. on 06.06.2022 with the allegation that she lodged F.I.R. on 24.05.2022 in relation to the incident dated 04.05.2022, thereafter, appellants came to her house on 29.05.2022, started abusing her by passing caste related words by saying that how she dare to lodged F.I.R. It is further alleged in the said complaint that private respondent was beaten by accused persons, her garments were also torn and threat was given for outraging her modesty. It is further submitted that complainant never reported either to Investigating Officer or to supervising officer about the incident dated 29.05.2022, on the contrary, she filed the complaint of the case in question only with the intention to victimize the appellants and in order to take the monetary benefit. It is further submitted that all the aforesaid relevant facts were not considered by learned trial court. Relying on the decision of Hon'ble Apex Court in the case of State of Haryana and others Vs. Bhajan Lal and others reported in 1992 SCC (Cri.) 426 , it is, thus, submitted that indulgence of this Court is required.

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Learned A.G.A. opposes the prayer of appellant and submits that after considering the statement recorded U/s 200 & 202 Cr.P.C., summoning order was passed by learned trial court, hence, there is no illegality in the said order. He does not dispute the fact that in the complaint made by private respondent, it is alleged that injury was caused with brick, but no medico legal examination of the victim was conducted and she also did not report to Investigating Officer about the incident dated 29.05.2022.

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Considering the submissions of learned counsel for the appellant, learned A.G.A. and going through the contents of appeal, F.I.R. as well as other relevant documents; it is evident that investigation of the aforesaid F.I.R. dated 24.05.2022 is going on related to incident dated 04.05.2022, and incident in the aforesaid complaint is mentioned to be occurred on 29.05.2022. In such circumstances, the matter requires consideration.

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Issue notice to private respondent.

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List this case in the month of March, 2024.

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Until further order, the impugned proceedings shall remain stayed.

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Order Date :- 29.1.2024 Arpan

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

Desh Raj @ Deshraj Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Desh Raj @ Deshraj Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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What did the court decide?

What the court decided

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