Ajeet Tiwari @ Pradeep Tiwari vs State of U.P. Thru. Secy. Home Lko. and Another

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Court No. - 11 Case :- CRIMINAL APPEAL No. - 2559 of 2024 Appellant :- Ajeet Tiwari @ Pradeep Tiwari Respondent :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Appellant :- Arvind Kumar Srivastava,Sunil Kumar Pandey Counsel for Respondent :- G.A.

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Hon'ble Abdul Moin,J.

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Heard.

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Despite notices having been served on respondent no. 2 as per office report dated 21.09.2024, nobody has put in appearance on behalf of respondent no. 2.

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Learned A.G.A. prays for and is granted two weeks' time to file objections to which reply may be filed within next one week.

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List thereafter.

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The FIR has been lodged against the appellant on 17.08.2023, a copy of which is annexure 1 to the appeal, which has been lodged under the provisions of the I.P.C. The caste of the victim has only come vide case diary parcha no. 7, a copy of which is annexure 4 to the appeal, which has resulted in summoning order dated 18.12.2023 being issued for summoning the appellant apart from the provisions of I.P.C. under Section 3(2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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For an offence to be made out under Section 3(2)(va) of the Act, 1989 the word used by the legislature is "knowing" that the person belongs to reserved category which does not emerge from perusal of FIR. Also, the offence under the Act, 1989 having emerged from the case diary, as such prima facie a case for interference is made out.

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As such, till the next date of listing, further proceedings of Case Crime No. 412 of 2023 in re: State vs Ajeet Tiwari @ Praeep Tiwari and others under Sections 323 504 and 506 IPC pending before learned Special Judge, SC/ST Act, Police Station Vibhuti Khand, District Lucknow so far as it pertains to the appellant shall remain stayed.

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Order Date :- 23.9.2024 J. K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Ajeet Tiwari @ Pradeep Tiwari v. State of U.P. Thru. Secy. Home Lko. and Another

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Ajeet Tiwari @ Pradeep Tiwari v. State of U.P. Thru. Secy. Home Lko. and Another

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