JITENDRA NATH MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal, by special leave, takes exception to an order dtd. 1/6/2022 of the Allahabad High Court. The impugned order dismissed an appeal filed by the appellant under Sec. 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989 (hereafter '1989 Act'). Under challenge in the appeal was a summoning order dtd. 16/10/2021 passed by the relevant Special Court under the 1989 Act, in exercise of power conferred on him by Sec. 319, Code of Criminal Procedure (hereafter, 'Cr. PC').

(2.) A First Information Report (hereafter 'FIR') came to be registered by the Khalilabad Police Station, District Sant Kabir Nagar, under Ss. 419, 420, 323, 406 and 506, Indian Penal Code and 3(1)(r) and (s) of the 1989 Act on the basis of information furnished by the complainant. Accusations were levelled against (1) Dharmendra Nath Mishra (hereafter 'Dharmendra'); (2) brother of Dharmendra; and (3) an 'unknown person' of having assaulted and abused the complainant and his wife, amounting to commission of offences punishable under the aforesaid provisions. Investigation of the FIR culminated in a charge-sheet under Sec. 173(2) of the Cr. PC being filed, wherein Dharmendra was shown as the sole accused. The Special Court constituted under the 1989 Act took cognisance of the offence and framed charges against Dharmendra, whereafter the trial commenced. In course thereof, the complainant and his wife deposed as PW-1 & PW-2 respectively. According to them, Dharmendra and the appellant together with an unknown person had assaulted them apart from hurling caste related abuses.

(3.) At this stage, the Special Court passed the order dtd. 16/10/2021 summoning the appellant for trial along with Dharmendra for offences punishable under Ss. 323, 504 and 506, IPC and 3(1)(r) and (s) of the 1989 Act. The said order dtd. 16/10/2021 was unsuccessfully challenged by the appellant before the High Court which, by its order dtd. 1/6/2022, dismissed the appeal of the appellant under Sec. 14A(1) of the 1989 Act as noted above.