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Mukesh Kumar Pal And Ors v. The State Of U.p And Anr

Mukesh Kumar Pal And Ors v. The State Of U.p And Anr

(High Court Of Judicature At Allahabad, Lucknow Bench)

APPLICATION U/S 482 No. - 3003 of 2015 | 04-08-2022

Dinesh Kumar Singh,J.

1. Heard Sri Ravi Shanker Tewari, learned counsel for the petitioners and Sri Anurag Verma,learned A.G.A. for the State-respondent.

2. Present petition under section 482 Cr.P.C. has been filed seeking setting aside the impugned order dated 25-03-2014 passed in Criminal Case No. 5089 of 2014 by the leaned Chief Judicial Magistrate, Lucknow upon the Chargesheet No. 23/13, dated 25-10-2013 in Case Crime No. 513/13 dated 05-10-2013 under sections 323/504 I.P.C. and section 3(1)(X) of the S.C./S.T. Act, Police Station-Gomti Nagar, district-Lucknow as well as the Chargesheet No. 23/13 dated 25-10-2013 in Case Crime No. 513 of 2013, dated 05-10-2013 under sections 323/504 I.P.C. and Section 3(1)(X) of the S.C./S.T. Act, Police Station-Gomti Nagar, district-Lucknow.

3. The statements of the victim and other witnesses have been placed on record, which would not support the offence under section 3(1) (X) of the S.C./S.T. Act. Even otherwise looking at the contents of the F.I.R. and the statements of the witnesses, the incident as alleged in the F.I.R. did not take place. None of the witnesses have supported the allegation that the petitioner fired from the countrymade pistol. It appears that some scuffle took place for which F.I.R. in question came to be filed. None of the witnesses including the complainant have said that the petitioner abused him in a public glare by his caste.

4. This court finds that in allowing the impugned proceedings against the petitioner, it would be sheer waste of precious time of the court. There is hardly any chance of conviction of the accusedpetitioner in future.

5. In view thereof, the present petition is allowed.

6. The impugned proceedings initiated in pursuance of the order dated 25-03-2014 passed in Criminal Case No. 5089 of 2014 by the leaned Chief Judicial Magistrate, Lucknow upon the Chargesheet No. 23/13, dated 25-10-2013 in Case Crime No. 513/13 dated 05-10-2013 under sections 323/504 I.P.C. and section 3(1)(X of the S.C./S.T. Act, Police Station-Gomti Nagar, districtLucknow as well as the Chargesheet No. 23/13 dated 25-10-2013 in Case Crime No. 513 of 2013, dated 05-10-2013 under sections 323/504 I.P.C. and Section 3(1)(X) of the S.C./S.T. Act, Police Station-Gomti Nagar, district-Lucknow, are quashed.

Advocate List

  • Saurabh Lavania,Ravi Shanker Tewari

  • Govt. Advocate

Bench
  • Hon'ble Justice Dinesh Kumar Singh
Eq Citations
  • LQ
  • LQ/AllHC/2022/13204
Head Note

SCs, STs, OBCs and Minorities — Protection of Civil Rights Act, 1955 — S. 3(1)(X) — Abuse by caste — In present case, none of the witnesses including complainant said that petitioner abused him in a public glare by his caste — Hence, held, impugned proceedings against petitioner would be sheer waste of precious time of court and there is hardly any chance of conviction of accused-petitioner in future — Hence, impugned proceedings quashed — Constitution of India, Art. 14