Disposed

Ram Ujagir and 2 Others v. State of U.P. Thru. Prin. Secy. Home and Another

Allahabad HC30 Jan 2024CRLA/242/2024

Case brief

AI extract

What is this about?

In this criminal appeal against a summoning order under SC/ST Act and IPC charges, the Court noted claims of fabricated evidence, a pending civil suit, and a delay in medical aid. Instead of deciding on the merits of the quashing prayer, the Court listed the matter for notice and refused coercive action pending the next date.

What did the court decide?

Acquittal of the appellants via interlocutory relief of no coercive action until the next date of listing.

Ram Ujagir and 2 Others vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 242 of 2024 Appellant :- Ram Ujagir And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Appellant :- Onkar Singh 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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Present appeal has been moved by the appellants for quashing the impugned order dated 20.12.2023 passed by Special Judge, SC/ST Act, Ayodhya/Faizabad as well as entire proceedings of Complaint Case No.83/2023 U/S 323, 427, 504, 506 I.P.C. and 3(2)(va) of SC/ST Act, P.S. Raunahi, DistrictAyodhya/Faizabad.

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Learned counsel for the appellants submitted that the appellants are innocent persons and have been falsely implicated in this case only with the intention to make pressure on them for settlement in regular suit no.429/2003 pending in the Court of Civil Judge, Junior Division, Haveli, Ayodhya , in the aforesaid suit, there is a stay order in favour of the appellants. He further submitted that the F.I.R. of case in question was lodged by moving an application under Section 156(3) Cr.P.C. and after detailed investigation, charge sheet was submitted by the Investigating Officer on the basis of evidences collected during the course of investigation, as it was also found during the investigation that the injury report was also fabricated. He further submitted that protest petition was filed which was treated as a complaint case on 09.08.2023, thereafter, the statement of complainant was recorded under Section 200 Cr.P.C. on 21.09.2023 and statement of complainant was also recorded under Section 202 Cr.P.C. but without considering material evidences collected by the Investigating Officer, summoning order was passed by the trial court in the most mechanical manner.

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Learned counsel for the appellants relied on the decision of Hon'ble Apex Court in the case of State of Haryana Vs. Bhajan Lal reported in 1992 Supp (1) SCC 335 and requested for kind indulgence of this Court.

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Learned A.G.A. opposed the prayer of appellants and submitted that there is no illegality in the summoning order

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passed by the trial court but he does not dispute this fact that after detailed investigation, final report was submitted by the Investigating Officer.

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Considering the submissions of learned counsel for the parties, going through the contents of application, statement of victim recorded under Section 200 as well as 202 Cr.P.C., final report, injury report, as well as other relevant documents, it is evident from the record that the suit is pending between the parties since 2003 and there is stay order in favour of the appellants and as per the prosecution case, the incident was of date 31.01.2018 but no first-aid was taken by the injured on the same date, as on 01.02.2018, the medico-legal examination of the alleged injured was conducted in District Hospital, Faizabad on her own, as in the investigation, it was found on the basis of testimony of the independent witnesses that no such incident was taken place, therefore, matter requires consideration.

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List this case in the month of April, 2024.

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Issue notice to private respondent returnable at an early date.

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No coercive action shall be taken against the appellants till the next date of listing.

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Order Date :- 30.1.2024 V. Sinha

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

Ram Ujagir and 2 Others v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

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Ram Ujagir and 2 Others v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

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