AJAY RASTOGI Vs. STATE OF U.P.

JUDGEMENT

(1.) Counter affidavit filed on behalf of the State is taken on record. This criminal appeal under Section 14-A (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed for setting aside the entire proceedings of Special Sessions Trial No.115 of 2019, under Sections 323, 504 IPC and Section 3 (1) (dha) of SC/ST Act, pending before the Special Judge, SC/ST Act/Additional Sessions Judge, District Balrampur as well as the summoning order dated 05.07.2019, passed by Special Judge, SC/ST Act/Additional Sessions Judge, Balrampur.

(2.) It is submitted by learned counsel for the appellant that in this case F.I.R. was lodged by the complainant Shiv Lal to the effect that on 19.02.2019, he had gone in the market. At about 6.30 P.M. he was talking with Om Prakashji. In the meantime, present appellants started giving filthy abuses by addressing caste and started beating. Then anyhow the complainant could be saved by intervention of several people of the locality.

(3.) It is submitted by learned counsel for the appellants that in the F.I.R. it was mentioned that the complainant was addressed with his caste but when the statement of complainant was recorded during course of investigation, it is stated that abuses were given but it is not mentioned that he was addressed by caste by the appellants. Even the eye witnesses Om Prakash Mishra also not stated that the appellants had addressed the complainant by his caste. Other witnesses Ashish Kumar Soni, Nitesh Kumar Soni, Sahid, Dhiraj Kumar also not confirmed this fact that the complainant was addressed by caste.