Partly allowed

Latoori @ Ranjeet and 2 Others v. State of Up and Another

Allahabad HC24 Jul 2024CRLA/2807/2024

Case brief

AI extract

What is this about?

This High Court allowed an appeal to set aside a summoning order passed against one appellant in a criminal complaint under the SC/ST Act, concluding the order was arbitrary and illegal. The court expedited the remaining proceedings against other appellants and stayed coercive measures.

What did the court decide?

Setting aside impugned summoning order for appellant no.1; expediting proceedings against appellant nos.2 and 3 within 12 months; staying coercive action against appellants.

Latoori @ Ranjeet and 2 Others vs State of Up… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:142548

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 2807 of 2024

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Appellant :- Latoori @ Ranjeet And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Navin Kumar Pandey Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Navin Kumar Pandey, learned counsel for appellants and learned AGA.

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The instant appeal has been filed for challenging the summoning order dated 10.05.2023 passed by Special Judge, SC/ST Act, Etah in Complaint No. 191 of 2021, (Dharam Singh Vs. Latoori and others), under Sections 323, 504, 506 IPC and Section 3(1)Va of SC/ST Act, P.S. Bagwala, District Etah.

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Learned counsel for appellants submitted that the appellants are innocent and have been falsely implicated in the present case and only to make pressure upon the appellants, respondent no. 2 filed complaint against the appellants wherein appellants were summoned by the impugned order. It is further submitted that from bare perusal of the complaint filed by the respondent no. 2, which clearly shows that the alleged incident took place on 08.10.2021 at about 6 am at the field of respondent no. 2 but he failed to produce any independent witness except his mother and brother, which create doubt upon the prosecution version. It is further submitted that the appellant no. 1-Latoori @ Ranjeet get compassionate appointment in place of his father, hence just to spoil the career of appellant no. 1, the respondent no. 2 filed a false complaint against the appellants. The concerned court without considering the facts and circumstances of the case, in a routine manner, summoned the appellants which is totally illegal and arbitrary. Only to bring the case under the ambit of SC/ST Act, false allegations have been leveled against the appellants and as such the impugned summoning order is liable to be set aside.

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Per contra, learned AGA opposed the prayer as made in the appeal on the ground that summoning order has been passed after considering the material available on record and as such, there is no illegality in the order impugned.

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Be that as it may, no useful purpose will be served in keeping the matter pending by way of calling counter affidavit and rejoinder affidavit by the parties and as such, learned court concerned is hereby directed to expedite and finalize the proceedings of Complaint No. 191 of 2021, (Dharam Singh Vs. Latoori and others), under Sections 323, 504, 506 IPC and Section 3(1)Va of SC/ST Act, P.S. Bagwala, District Etah qua to appellant nos. 2 and 3 herein , as expeditiously as possible, preferably within a period of 12 months from the date of presentation of a certified copy of this order before him without granting any unnecessary adjournment to either of the parties.

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Learned counsel for appellants assures on behalf of the appellant nos. 2 and 3 that they will fully cooperate with the learned trial court concerned for expeditious disposal of the said complaint case.

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However, it is made clear that till the disposal of the proceedings of the aforementioned complaint case, no coercive action shall be taken up against the appellants herein.

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The instant appeal stands disposed of qua to appellant nos. 2 and 3 herein.

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In the light of above mentioned discussions, the appeal is allowed qua to appellant no. 1-Latoori @ Ranjeet herein. The judgment and order dated 10.05.2023 passed by learned Special Judge, SC/ST Act, Etah in Complaint No. 191 of 2021, (Dharam Singh Vs. Latoori and others), under Sections 323, 504, 506 IPC and Section 3(1)Va of SC/ST Act, P.S. Bagwala, District Etah is set aside qua to appellant no. 1-Latoori @ Ranjeet herein.

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Order Date :- 3.9.2024 #Vik/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Latoori @ Ranjeet and 2 Others v. State of Up and Another

Case brief

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Latoori @ Ranjeet and 2 Others v. State of Up and Another

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