Allahabad High Court
Chhabiley @ Shafeel Ahmad And 3 Ohters vs State Of U.P. And Another on 10 February, 2021
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- APPLICATION U/S 482 No. - 3514 of 2021 Applicant :- Chhabiley @ Shafeel Ahmad And 3 Ohters Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Hisham Qadeer,Mohammed Iftekhar Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
Present application has been filed seeking quashing of the cognizance and summoning order dated 20.11.2020, chargesheet dated 17.9.2020 as well as entire criminal proceedings of ST No. 170 of 2020 (State Vs. Sunil Saroj and others), Case Crime No. 284 of 2020, under Sections 147, 149, 323, 504, 506, 308 IPC read with Section 3 (2) (va) SC/ST Act, Police Station Nawabganj, District Prayagraj pending before the Special Judge (SC/ST) Act, Allahabad.
Counsel for the applicants states that even as per the allegations contained in the FIR and the statement as recorded by the Investigating Officer, no offence can be said to be made out under Section 3 (2) (va) of the SC/ST Act. Even the other offences cannot be said to be made out as even the applicants had sustained injuries in the fight that had taken place.
I have perused the FIR as well as the statement which are on record based upon which the chargesheet has been filed. In none of the statement or the First Information Report, there is any allegation so as to implicate the applicants under Sections 3 (2) (va) of the SC/ST Act. In support of his contention, counsel for the applicant has place reliance upon the judgment of the Apex Court in the case of Khuman Singh Vs. State of Madhya Pradesh, 2019 AIR (SC) 4030. Even if assuming all the allegations to be correct, no offence can be said to be made out under Sections 3 (2) (va) SC/ST Act of the SC/ST Act, in which the applicants have been summoned.
A perusal of the submission made by counsel for the applicants merits acceptance, as such, the present application is disposed off with a liberty to the applicant to approach the Trial Court concerned for filing appropriate application seeking discharge under Section 3 (2) (va) of the SC/ST Act. The said application would be filed through counsel. If such an application is filed on or before the 5.3.2021, the same shall be decided within a period of two months keeping in view the judgment in the case of Khuman Singh Vs. State of Madhya Pradesh, 2019 AIR (SC) 4030.
Till the decision is passed on the said application, no coercive action shall be taken against the applicants. However, the application with regard to quashing of the other charges does not merit acceptance and is accordingly dismissed.
Order Date :- 10.2.2021 vinay