Ajeet Singh and 8 Others vs State of U.P. and Another

Heard Mr. Manoj Kumar Rai, learned counsel for the appellants, Mr. Ram Bali Ram, learned counsel for the opposite party no.2 and learned A.G.A for the State as well as perused the record.

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The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to setaside the impugned summoning order dated 24.07.2025 passed in Special Session Trial No.560 of 2025 (Sona Devi V/s Shashi Singh and others) arising out of Complaint Case No.46 of 2024, under Sections 147, 323, 504, 506 I.P.C. & Section 3(1) Da, 3(1) Dha of SC/ST (P.A.) Act, Police Station- Bhudkuda, District- Ghazipur, pending in the court of Special Session Judge SC/ST, Ghazipur with a further prayer to stay further proceedings of the aforesaid case.

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It is contended by learned counsel for the applicants that the appellants are innocent and have been falsely implicated in the present case. The appellants have not committed any offence as alleged in the impugned FIR. It is further contended that as per proviso of Section 223(1) of BNSS-2023, no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard but he has failed to do so. Section 223(1) of BNSS-2023 reads as under:-

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" 223. Examination of complainant. (1) A Magistrate having jurisdiction while taking

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CRLA No. 10324 of 2025

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2

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cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard: Provided further that when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or (b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 212:Provided also that if the Magistrate makes over the case to another Magistrate under section 212 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them. (2) XXXX"

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Learned counsel for the appellants further contends that the appellants that the learned Special Judge SC/ST Act has not applied his judicial mind and allowed the complaint of opposite party no.2 in cursory manner without providing opportunity of hearing to the appellants. The impugned summoning order is illegal and abuse of process of law and the same is liable to be dismissed.

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Learned counsel for the opposite party no.2 as well as learned A.G.A. opposed the appeal but did not dispute the legal position of law.

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Upon hearing the rival submissions and perusal of the record, this Court finds that the learned Special Judge has passed the impugned summoning order without giving opportunity of hearing.

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Accordingly, the present criminal appeal stands allowed . The impugned summoning order dated 24.07.2025 passed by learned Special Session Judge SC/ST, Ghazipur, is hereby quashed and set-aside. The matter is remanded to the court below to pass a fresh order in accordance with law after providing opportunity of hearing to all the concerned.

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(Shekhar Kumar Yadav,J.)

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November 18, 2025 Krishna*

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Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad

Ajeet Singh and 8 Others v. State of U.P. and Another

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Ajeet Singh and 8 Others v. State of U.P. and Another

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