Criminal Appeal filed against orders under SC/ST Act where police dropped charges under the Act in a fresh report. Court listed the appeal and restrained coercive measures pending counter affidavit.
Counter affidavit to be filed by State. No coercive measures against appellants. Listed on 26.11.2024.
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Court No. - 83
Case :- CRIMINAL APPEAL No. - 4222 of 2024
Appellant :- Raj Kumar Kashyap And 5 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Gopal Khare Counsel for Respondent :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the appellants, learned AGA for the State and perused the record.
The present criminal appeal under Section 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the B.W order dated 04.11.2023, summoning/cognizance order dated 04.08.2023, charge-sheet dated 30.04.2023 passed by learned Court of Additional Session Judge/Special Judge, SC/ST Act, Siddharth Nagar in Special Session Case No. 597 of 2023 (State of U.P. vs. Rajkumar and others) arising out of Case Crime No. 63 of 20234 under Sections 147, 308, 323, 504, 506 IPC, 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act, Police Station Dumariyaganj, District Siddharth Nagar.
Learned counsel for the appellants states that after the investigation was completed and the charge-sheet was submitted, the appellants were summoned to face trial under Sections 147, 308, 323, 504, 506 IPC, Section 3(1)(r)(s) and Section 3(2)(va) of SC/ST Act, Police Station Dumariyaganj, District Siddharth Nagar. Subsequently, a fresh report has been filed by the police authorities/dated 02.04.2024 wherein the section under the SC/ST Act has been dropped.
Let the counter affidavit be filed by the State Counsel.
List on 26.11.2024 in the additional cause list.
Till the next date of listing, no coercive measures shall be taken against the appellants.
Order Date :- 8.11.2024 Puspendra
Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether Criminal Appeal against B.W order summoning/cognizance and charge-sheet under SC/ST Act should be allowed or dismissed.
1 provisions across 1 enactments
Raj Kumar Kashyap And 5 Others
State of U.P.
Nand Prabha Shukla
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
