KAUSHAL Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal appeal under Sec. 14-A (1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short 'the SC/ST Act') has been preferred by the appellant - Kaushal with the prayer to set-aside the cognizance / summoning order dtd. 2/12/2023 passed by the Special Judge (SC/ST Act) Moradabad, the charge sheet and the entire proceedings of Special Session Trial No. 1771 of 2023, arising out of case crime no. 482 of 2023, under Ss. 342, 504, 506, 323 IPC and 3(1)(da), 3(1) (dha), 3(2)(5 ka) the SC/ST Act, P.S. Civil Lines, District Moradabad.

(2.) Heard learned counsel for the appellant as well as the learned A.G.A. for the State and perused the entire record.

(3.) Prosecution case, as culled out from the record, is that an altercation took place between the named accused persons including the present appellant and the informant side at a coaching centre. It is alleged that after closing of the coaching when the informant was returning to his home in day time, the present appellant alongwith his associates hurled abuses with caste related remarks and threatened him for dire consequences and he was also beaten with kicking and fisting and his money was also robbed by the accused persons. Some independent persons of the same vicinity reached there and the accused persons fled away, however, police did not take proper action and the present appellant was simply challaned under Sec. 151 CrPC whereas the incident was captured in the CCTV footage. However, subsequently F.I.R. was lodged and after investigation charge sheet under Ss. 342, 504, 506, 323 IPC and 3(1)(da), 3(1) (dha), 3(2)(5 ka) of SC/ST Act was filed and cognizance was taken by the Court of the said offences and the accused persons were summoned to face trial accordingly.