Allahabad High Court
Ram Das vs State Of U.P. And Another on 2 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- CRIMINAL APPEAL No. - 2330 of 2023 Appellant :- Ram Das Respondent :- State of U.P. and Another Counsel for Appellant :- Chandra Dutt Counsel for Respondent :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
As per the report of the office, the service report pertaining to the service on opposite party no.2 is still awaited. However, the service of notice on opposite party no.2 is hereby dispensed with keeping in view the order intended to be passed, as the same would not be against the interest of the opposite party no.2.
Heard Shri Chandra Dutt, learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.
The instant appeal under Section 14-A(1) of the SC/ST (Prevention of Atrocities) Act, 1989 has been filed by the appellant- Ram Das with the prayer to call the record from the trial Court and set-aside the order dated 20.01.2023 passed by learned Special Judge (SC/ST) Act, Kanpur Nagar in Criminal Misc. Case No. 39 of 2023 (Ram Das vs. Awadhesh Sharma alias Awadhesh Kumar Sharma and others), under Section 156(3) Cr.P.C., Police Station Naubasta, District Kanpur Nagar.
Learned counsel for the appellant submits that though, the application moved by the appellant under Section 156(3) Cr.P.C. has been illegally rejected by the Special Court but the grievance of the appellant would be redressed if liberty is granted to the appellant to file an appropriate complaint case with consequential directions to the Special Court.
Learned A.G.A. would have no objection to the request made by learned counsel for the appellant.
Having regard to all the facts and circumstances of the case, this Court is of the considered view that even if the application of the appellant moved under Section 156(3) Cr.P.C. has been rejected, the same may not preclude the appellant/complainant to move an appropriate complaint before the Special Court/Trial Court.
Thus, the appeal filed by the appellant is finally disposed of with direction to the trial Court that if within a reasonable time to say within 30 days from today any complaint is filed by the appellant before the Special Court/Trial Court, the trial Court shall be duty bound to deal the same strictly in accordance with the law having regard to the procedure provided under Chapter XV of the Code of Criminal Procedure, subject to the law of limitation.
Order Date :- 2.5.2023 Praveen