RAM NIHOR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Santosh Kumar Dubey, learned counsel for the applicants and Ms. Rachana Tiwari, learned Additional Government Advocate appearing for the State-opposite party.

(2.) The present application under Section 482 of the Code of Criminal Procedure, 1973 [The Code] has been filed seeking to quash the entire proceedings as well as summoning order dated 13.07.2021 passed by the Special Judge SC/ST Act/Additional Sessions Judge, Court no.2, Bhadohi, Gyanpur, District Bhadohi in Case No.01 of 2019 (Sohan Lal Vs. Ram Nihor and Others), under sections 323, 504, 506, 147 of the Indian Penal Code, 1860 [Penal Code] IPC and Section 3(1) (10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [SC/ST Act] against the applicants no.1 to 4 and Section 323, 354-B, 504, 506, 147 of the Penal Code and Section 3(1) (1) of the SC/ST Act against the applicant no.5, Police Station Suriyawa, District Bhadohi, pending before the Special Judge SC/ST Act/Additional Sessions Judge, Court no.2, Bhadohi, Gyanpur, District Bhadohi.

(3.) The summoning order issued pursuant to a complaint is sought to be assailed by referring to the factual aspects of the matter and the defence, which is sought to be set up on behalf of the applicants.