Disposed

Anuj Parashar v. State of Up and Another

Allahabad HC26 Sept 2024CRLA/2980/2024

Case brief

AI extract

What is this about?

Appeal sought setting aside of a cognizance/summoning order in a criminal case involving IPC and SC/ST Act charges. The court disposed of the appeal without entering merits, permitting a discharge application with interim protection from personal appearance.

What the court decided

AI extract

Anuj Parashar vs State of Up and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:159046

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 2980 of 2024

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Appellant :- Anuj Parashar Respondent :- State of U.P. and Another Counsel for Appellant :- Arpit Srivastava,Manish Kumar Singh Counsel for Respondent :- Ajay Kumar Yadav,G.A.

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Hon'ble Saurabh Srivastava,J.

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Counter affidavit preferred on behalf of opposite party no. 2 is taken on record.

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Heard learned counsel for parties.

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The instant appeal has been preferred with a prayer to set aside the cognizance/summoning order dated 21.11.2023 passed by learned Special Judge(SC/ST Act), Firozabad in Sessions Trial no. 2647 of 2023 (State Vs. Anuj Parashar) arising out of Case Crime no. 293 of 2023 under sections 323, 504, 506, 406 IPC and Section 3(1)(r), 3(1)(s) of SC/ST Act, Police Station- Linepar, District Firozabad. It is further prayed to stay the entire proceeding of Sessions Trial no. 2647 of 2023.

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Learned counsel for appellant submitted that appellant has falsely been implicated in the present case by the informant on the basis of false and concocted story and therefore, the allegations made against appellant are not tenable. There is no allegation of using caste indicating words in the FIR and as such no offence under SC/ST Act is made out against the appellant. Further from perusal of allegation made against the appellant, no ingredients of inducement is found against the appellant and as such no offence under Section 406 IPC is made out. Learned counsel for appellant further submitted that without collecting any material evidence, the concerned Investigating Officer submitted chargesheet mechanically whereupon, without applying its judicial mind, learned court concerned has taken cognizance by the order impugned over the chargesheet submitted by the concerned Investigation Officer in the present case and as such, the same may be quashed.

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Per contra, learned AGA for the State vehemently opposed the prayer as made in the appeal and submitted that after conducting

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the detailed inquiry, chargesheet has been submitted by the concerned Investigating Officer whereupon considering the material on record, learned trial court has taken cognizance and as such, there is no illegality in the order impugned.

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Be that as it may, since the appellant is having liberty to prefer discharge application before the learned court concerned taking all pleas and grounds, which are available to him, therefore, he should approach the learned court concerned by way of filing discharge application.

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Accordingly, without entering into the merits of the issue, the present appeal is disposed of finally permitting the appellant to prefer discharge application before the learned court concerned through counsel at appropriated stage taking all pleas and grounds, which are available to him, enclosing therewith the relevant documents/ evidence, which are necessary for disposal of the discharge application. If such application be filed by appellant before the learned court concerned at appropriate stage, the court concerned shall consider and decide the said application, strictly in accordance with law, by speaking and reasoned order and by affording proper opportunity of hearing to the concerning parties and pass appropriate order expeditiously.

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Till the disposal of such discharge application, appellant shall not be compelled to appear in person pursuant to the aforesaid criminal case. However, it is made clear that if the present appellant does not file any discharge application at appropriate stage, the benefit of this order shall not be extended to him.

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Order Date :- 26.9.2024 Shaswat

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

Anuj Parashar v. State of Up and Another

Case brief

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Anuj Parashar v. State of Up and Another

Case brief

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