PARAM SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Dharmendra Singhal, learned Senior Advocate assisted by Shri Shivendra Raj Singhal, learned counsel for the appellant, Shri Prashant Kumar Tripathi, learned counsel appearing for opposite party no.2 as well as learned A.G.A. for the State and perused the record.

(2.) The instant appeal under Sec. 14-A(1) of the SC/ST (Prevention of Atrocities) Act, 1989 has been filed by the appellant- Param Singh with the prayer to set-aside the impugned judgment and order dtd. 17/1/2023 passed by learned Special Judge (S.C./S.T.) Act, Amroha in Sessions Case No. 863 of 2022 (State of U.P. vs. Adarsh Kumar Paricharak), arising out of Case Crime No. 121 of 2022, under Ss. 504, 506 I.P.C. and Sec. 3(1)(r) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Police Station Hasanpur, District Amroha and to stay the further proceedings of the aforesaid sessions case.

(3.) Learned Senior Counsel appearing for the appellant while drawing the attention of this Court towards the impugned order of date 17/1/2023, submits that the Special Court has committed manifest illegality in passing the impugned order, whereby the cognizance has been taken and the appellant has been summoned to face trial under Ss. 504, 506 I.P.C. and Sec. 3(1)(r) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.