Sanjay Kumar Tiwari Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:141470

Court No. - 83

Case :- CRIMINAL APPEAL No. - 1050 of 2025

Appellant :- Sanjay Kumar Tiwari Respondent :- State of U.P. and Another Counsel for Appellant :- Deepesh Kumar Ojha,Prashant Tripathi

Counsel for Respondent :- G.A.

Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the appellant and learned A.G.A for the State as well as perused the record.

The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set aside the impugned summoning order dated 12.08.2024 passed by the Court of Special Judge S.C./S.T. Act District- Mau, as well as Charge Sheet dated 04.04.2024 in Special Case No. 679 of 2024 (State of U.P. Vs. Bajrangi and another) arising out of Case Crime No. 56 of 2024, under Sections 323, 504 I.P.C. and 3(1)Da SC/St Act, Police Station- Ghosi, District- Mau.

As per prosecution story, the informant lodged the impugned FIR alleging therein that the appellant is an auto driver bearing vehicle Registration No. UP50 BT 3177. It is further alleged that the husband of the informant was returning back to his home from the market, and on the way a verbal dispute arose between the appellant and husband of the informant. It is also alleged that the appellant along with other local muscled man assaulted the husband of the informant.

Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. The applicant has not committed any offence as alleged in the impugned FIR. He submits that the impugned charge sheet dated 4.4.2024 as well as summoning order dated 12.8.2024 passed by the court of Special Judge SC/ST Act, Mau, is totally illegal, perverse and arbitrary in nature and without adopting proper procedure summoning order was passed and the same are liable to be set aside.

Per contra, learned A.G.A. opposed the submissions made by learned counsel for the appellant.

I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.

Having regard to the facts and circumstances of the case, this Court is of the opinion that there is no illegality or perversity in the impugned order and the appeal deserves to be dismissed.

Considering the facts and circumstances of the case, the present appeal is dismissed with the direction to the appellant that in case the appellant filed his discharge application before the court below within 30 days from today, the same shall be heard and decided by the court below in accordance with law.

For the period of 30 days from today, no coercive action shall be taken against the appellant.

Order Date :- 19.8.2025 Krishna*

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

Sanjay Kumar Tiwari v. State of U.P. and Another