SAMI ULLAH Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal under Section 14-A(1) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 has been filed by accused appellants Sami Ullah, Subrati, Akram and Rizwan Ahmad @ Sanauwar against order of summoning passed by Court of Special Judge, SC/ST Act, in Criminal Complaint Case No. 4 of 2017; Ashok Kumar Kannaujiya Vs. Sami Ullah and others, vide order dated 05.07.2018.

(2.) Learned counsel for appellants argued that a Complaint Case No. 4 of 2017, under Sections 323, 504, 506, 452 I.P.C. and Section 3(1)X SC/ST Act, P.S. Shohratgarh, District Siddhartha Nagar, was filed before Court of Additional Session / Special Judge, SC/ST Act, District Siddhartha Nagar, in which informant / complainant Ashok Kumar Kannaujiya, who had moved application under Section 156(3) Cr.P.C. for a direction for getting case registered and investigated for occurrence of 11.00 A.M. on 14.04.2016, which was registered as complaint case, was with statement of complainant and two other witnesses, recorded under Sections 200 and 202 Cr.P.C., on the basis of which above summoning order was passed, whereas there was no dispute or quarrel in between opposite party no. 2 and appellants. Rather a civil dispute regarding land was in between PW-1, PW-2 and appellants, for which this false case was got registered in the name of complainant / opposite party no. 2. Medical evidence was not in consonance with the oral statement, because Medical Officer has written injury to be of seven days, whereas the medical examination was of the very next day. This duration was not commensurate to alleged date of occurrence. Hence, this summoning was erroneous.

(3.) Learned counsel for informant / complainant and learned A.G.A. has vehemently opposed this appeal.