LAWS(ALL)-2021-8-87

MUNNU Vs. STATE OF U. P.

Decided On August 13, 2021
MUNNU Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellants, learned counsel for respondent no.2, learned A.G.A. for the State and perused the records.

(2.) Appellants have preferred this criminal appeal against the order dated 9.2.2021 passed by Additional Sessions Judge/Special Judge (SC/ST) Amroha in Complaint Case No. 45 of 2019 (Gajendra Vs. Munnu and others) whereby learned Special Judge (SC/ST Act) has summoned the appellants under Section 452 read with Section 149 I.P.C., 323 read with Section 149 I.P.C., 506 read with Section 149 I.P.C. and Sections 3(2)(va), 3(1)(Da), 3(1)(Dha) SC/ST Act, to face the trial.

(3.) Shorn of unnecessary details, the case of appellants is that respondent no.2 Gajendra filed an application under Section 156(3) Cr.P.C. before Special Judge, Amroha to register a case against appellants at P.S.-Naugawan Sadat, District- Amroha. It was alleged in the application under Section 156(3) Cr.P.C. that accused persons belong to his village and are 'Yadav' by caste. They are pressuring the complainant to entered into compromise in Crime No. 131 of 2019. When complainant refused to do so then Mannu, Gajendra, Ashok, Tejpal, Dinesh, Shekhar, Kaluwa, Priyanshu on 30.5.2019 at about 4:00 P.M. in the evening, armed with sticks, barged into the house of complainant and started insulting him by naming caste 'Chamar/Chamatte' and beaten him by kicks and fists. Accused Mahesh tried to strangulate him.