ADITYA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Suresh Kumar Upadhyay, Advocate along with Mr. Manoj Kumar Mishra, learned Counsels for the appellant, Mr. Maneesh Kumar Singh, learned Counsel for opposite party No.2 and Ms. Shikha Sinha, learned A.G.A. for the State-opposite party No.1.

(2.) The present Criminal Appeal under Sec. 14A(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is being preferred by the appellant, namely-Aditya Kumar for quashing the entire criminal proceedings in Session Trial No.369 of 2021 pending before learned Special Judge, SC/ST Act, Shravasti arising out of Case Crime No.0439 of 2020, under Ss. 376 I.P.C. and Sec. 3(2)(V) of SC/ST Act, Police Station-Sonwan, District-Shrawasti against the appellant as well as summoning order dtd. 29/10/2021 passed by learned Special Judge, SC/ST Act, Shrawasti and charge-sheet No.A-096 of 2021 dtd. 9/5/2021 against the appellant.

(3.) The case, in brief, is that the opposite party No.2/complainant, namely, Manju lodged a First Information Report against the appellant at Police Station Malhipur, District- Shrawasti under Sec. 376 I.P.C. and Sec. 3(2)(V) S.C. / S.T. Act registered as Case Crime No.0439 of 2020 in pursuance of direction issued by the concerned Magistrate upon the application under Sec. 156(3) Cr.P.C. made by opposite party No.2