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2023 Supreme(SC) 559

DIPANKAR DATTA, PANKAJ MITHAL
Jitendra Nath Mishra – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Girijesh Pandey, Adv. Ms. Alpana Pandey, Adv. Mr. Ajay Kumar Tiwari, Adv. Mr. Ramjee Pandey, AOR
For the Respondent(s): Mr. Ankur Prakash, AOR

JUDGMENT

Dipankar Datta, J.

1. This appeal, by special leave, takes exception to an order dated 1st June, 2022 of the Allahabad High Court. The impugned order dismissed an appeal filed by the appellant under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989 (hereafter ‘1989 Act’). Under challenge in the appeal was a summoning order dated 16th October, 2021 passed by the relevant Special Court under the 1989 Act, in exercise of power conferred on him by Section 319, Code of Criminal Procedure (hereafter, ‘Cr. PC’).

2. A First Information Report (hereafter ‘FIR’) came to be registered by the Khalilabad Police Station, District Sant Kabir Nagar, under Sections 419, 420, 323, 406 and 506, Indian Penal Code and 3(1)(r) & (s) of the 1989 Act on the basis of information furnished by the complainant. Accusations were levelled against (1) Dharmendra Nath Mishra (hereafter ‘Dharmendra’); (2) brother of Dharmendra; and (3) an ‘unknown person’ of having assaulted and abused the complainant and his wife, amounting to commission of offences punishable under the aforesaid provisions. Investigation of the FIR culminated in a charge-sheet under Section 173


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