Disposed

Abdul Rashid v. State of Up and Another

Allahabad HC4 Sept 2024CRLA/3120/2024

Case brief

AI extract

What is this about?

Criminal appeal challenging a summoning order in a complaint case under IPC Sections 323, 504, 506 and Section 3(1)Da of the SC/ST Act. The court declined to decide merits, directed expeditious trial disposal within 12 months, and protected the appellant from coercive action till then.

What did the court decide?

Trial to be completed within 12 months; no coercive action against appellant till disposal of the complaint case.

Abdul Rashid vs State of Up and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:143492

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 3120 of 2024

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Appellant :- Abdul Rashid Respondent :- State of U.P. and Another Counsel for Appellant :- Alauddin,Fakhruddin Counsel for Respondent :- G.A.,Ravindra Prakash Srivastava

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for appellant and Sri Ravindra Prakash Srivastava, learned counsel for respondent no. 2 as well as learned AGA.

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The instant appeal has been filed for challenging the summoning order dated 16.02.2024 passed by Special Judge, SC/ST Act, Siddharth Nagar in Special Criminal Complaint Case No. 76 of 2022, (Jayentrialal Vs. Abdul Rashid and others), under Sections 323, 504, 506 IPC and Section 3(1)Da of SC/ST Act, P.S. Chilhiya, District Siddharth Nagar.

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Learned counsel for appellant submitted that the appellant is innocent and has been falsely implicated in the present case due to old enmity and village party bandi for the 'Village Pradhani' election and only to make pressure upon the appellant, respondent no. 2 filed complaint against the appellant wherein appellant was summoned by the impugned order. It is further submitted that the appellant has not used caste abusive words against the respondent no. 2 and as such, offence under SC/ST Act is not made out against the appellant but without considering the said facts, by the impugned order, learned court concerned has taken cognizance and summon the appellant under the SC/ST Act which is highly illegal. Only to bring the case under the ambit of SC/ST Act, false allegations have been leveled against the appellant and as such the impugned summoning order is liable to be set aside.

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Per contra, learned counsel for respondent no. 2 as well as 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

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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 Special Criminal Complaint Case No. 76 of 2022, (Jayentrialal Vs. Abdul Rashid and others), under Sections 323, 504, 506 IPC and Section 3(1)Da of SC/ST Act, P.S. Chilhiya, District Siddharth Nagar, 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 appellant assures on behalf of the appellant that he 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 appellant herein.

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The instant appeal stands disposed of.

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Order Date :- 4.9.2024 #Vik/-

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

Abdul Rashid v. State of Up and Another

Case brief

What is this about?

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Abdul Rashid v. State of Up and Another

Case brief

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