INDRAMANI YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Sameer Singh, Advocate assisted by Shri Shashank Singh, learned Counsel for the appellants, Shri Anirudh Kumar Singh, learned A.G.A.-I for the State.

(2.) This criminal appeal under Sec. 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed with a prayer to quash the summoning order dtd. 4/2/2023 under Sec. 147, 323, 326-A, 504 of IPC and 3(1)X SC/ST Act, 1989 arising out of Complaint Case No. 118 of 2019 (Jagannath Vs. Sitaram & Ors.) pending before the learned Special Judge, SC/ST Act, Ambedkar Nagar and the entire criminal proceedings arising out of the aforementioned complaint case.

(3.) ) Learned Counsel appearing for the appellants submit that the appellants are innocent and have falsely been implicated in the instant matter. He submits that the First Information Report was lodged on 9/1/2017 and thereafter, the Investigating Officer conducted investigation and found no material against the appellant so far as the allegations leveled in the First Information Report is concerned and thus the final report was submitted on 5/7/2017. On such final report, the complainant filed the protest application on 6/6/2018 and the same was treated as a complaint case and the Magistrate and learned trial Court has recorded the statement of the complainant as well as the witnesses under Sec. 200 & 202 of the Cr.P.C. He has drawn attention of this Court towards the protest application, which reveals that the allegation is regarding the fact that the accused persons attacked over the injured as well as other family members and thereafter, they entered into the house of the complainant and have beaten and poured certain inflammable substance over the son of the complainant and as a result, he got burnt.