SHASHIKANT SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal has been preferred by the accused appellants questioning the legality and validity of the Order dtd. 6/4/2023 passed by the learned Single Judge of the High Court of Judicature at Allahabad rejecting the Criminal Appeal No. 3107/2023 preferred by the accused appellants under Sec. 14A(1) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989 (hereinafter being referred to as the 'SC/ST Act'). The learned appellate Court affirmed the Order dtd. 14/3/2023 passed by the learned Special Judge SC/ST(PoA) Act, Hathras in Session Case No. 228/2021, rejecting the application for discharge filed by the accused appellants under Sec. 227 of the Criminal Procedure Code, 1973(hereinafter being referred to as the 'CrPC') and directing framing of charges against them for the offences punishable under Ss. 147, 148, 149, 307, 323, 504 of Indian Penal Code, 1860 (hereinafter being referred to as the 'IPC') and Sec. 3(2)(v) of the SC/ST Act. By the said Order, the learned Special Judge also directed that the accused appellants shall remain present in the Court on the appointed date.

(3.) It may be mentioned that vide Order dtd. 19/5/2023, this Court had directed that the bonds executed by the accused appellants in pursuance of the Order dtd. 2/9/2022 passed by the High Court shall remain in force and non-bailable warrants which had been issued at that stage, shall not be executed until further consideration.