BHAIYA LAL SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Rakesh Kumar Chaudhary, learned counsel for the appellant assisted by Sri Aditya Pandey, Advocate, Sri Vaibhav Kalia, learned counsel for the respondent no.3 and Ms. Charu Singh, learned A.G.A. for the State-respondent Nos.1 and 2.

(2.) The instant Criminal Appeal under Sec. 14-A(1) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Act, 1989") has been filed by the appellant, namely, Bhaiya Lal Singh with a prayer to set aside the proceedings of the Special Sessions Trial No.107 of 2022 (State Vs. Manager B.L. Singh and Others) arising out of Case Crime No.439 of 2021, Police Station-Kotwali, District-Raebareli, under Sec. 143 and 506 I.P.C. as well as under Sec. 3(1)(Dha) of S.C./S.T. Act, 1989, pending in the Court of learned Special Judge, S.C./S.T. Act, Raebareli. Further prayer is to set aside the impugned cognizance as well as summoning order dtd. 7/2/2022 passed by learned Special Judge, S.C./S.T. Act, Raebareli in the aforesaid case, whereby cognizance was taken against the appellant.

(3.) Learned counsel for the appellant submitted that the facts of the case is that the appellant is an educationist by profession and runs a school, named as, BSS Public School at Anmol Vihar in Raebareli and he also the manager of the said institution, which is affiliated to C.B.S.E. Board. On 30/7/2021, result of Class XIIth by C.B.S.E. Board was declared for the academic year 2020-2021, wherein total 140 students appeared from the school of the appellant and out of which, 129 students passed, 23 students had to write compartment examination and 11 students failed. Out of the 11 failed students, one student, namely, Ritesh Sonkar is the son of respondent no.3.