JAY PRAKASH VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal is preferred under Sec. 14-A (1) of SC/ST Act for quashing the further proceedings of Special Session Trial No. 419 of 2019 (State vs. Jai Prakash and another), arising out of Case Crime No. 96 of 2017, under Ss. 323, 504, 506, 427 of I.P.C. and Sec. 3 (1) (Da) of SC/ST Act, Police Station- Ramkola, District- Kushinagar, pending in the court of Additional Sessions Judge/Special Judge, SC/ST (PA) Act, Kushinagar at Padrauna as well as the summoning order dtd. 16/10/2019.

(2.) The brief facts necessary for disposal of this appeal is that opposite party no.2 has lodged the first information report on the basis of written complaint on 13/4/2019 at 23:21 P.M. against five named and one unknown accused persons including the appellant with the allegation that on 13/4/2019 at about 7:30 P.M. accused persons had snatched the key of his motorcycle due to old trivial issue using caste indicating words like Khattik, Chamaria abused him with filthy language and had also beaten him with fists, kicks, lathi, danda and damaged his motorcycle. The accused had also snatched the mobile of his companion Aditya Govind Rao. The informant has sustained multiple injuries on his body and got his injuries medically examined at Government Hospital Ramkola and keeping in view the seriousness of the injuries the doctor has referred him to the District Hospital.

(3.) The injured/informant Rajkumar Maurya was medically examined on 13/4/2019 at 8 P.M. at CHC Ramkola wherein six injuries were 2found on the body of the injured. The injury nos.1 and 3 were kept under observation and referred to CHC, Kushinagar for expert opinion. Rest injuries were found simple in nature. Duration of the injuries was found fresh. The investigation of the case was conducted by Circle Officer Naveen Kumar Nayak who recorded the statement of witnesses, visited the place of occurrence and prepared the site-plan. After completion of investigation, he has submitted the charge-sheet against accused- appellant Jai Prakash Verma and Sunil Verma under Ss. 323, 504, 506, 427 I.P.C. and Sec. 3 (1) (Da) of SC/ST Act.