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2023 Supreme(SC) 1188

PAMIDIGHANTAM SRI NARASIMHA, SANDEEP MEHTA
Shashikant Sharma – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. R Basant, Sr. Adv. Mr. Neeraj Sharma, Adv. Mr. Amit Shrivastava, AOR Mrs. Priyanka Sharma, Adv. Mr. Prahil Sharma, Adv. Mr. Harender Singh, Adv. Mr. Pawan Sharma, Adv.
For the Respondent(s): Mr. Sharan Dev Singh Thakur, A.A.G. Ms. Ruchira Goel, AOR Mr. Siddharth Thakur, Adv. Mr. Aviral Saxena, Adv. Mr. Sharanya Sinha, Adv. Mr. Mustafa Sajad, Adv. Mr. Adit Jayesbhai Shah, Adv. Ms. Keerti Jaya, Adv. Mr. Sanjay Hegde, Sr. Adv. Mr. Swetashwa Agarwal, Adv. Mr. Sanchit Garga, AOR Ms. Mithu Jain, Adv. Mr. Kunal Rana, Adv. Ms. Sneha Goswami, Adv.

JUDGMENT :

Mehta, J.

1. Leave granted.

2. The instant appeal has been preferred by the accused appellants questioning the legality and validity of the Order dated 6th April, 2023 passed by the learned Single Judge of the High Court of Judicature at Allahabad rejecting the Criminal Appeal No. 3107/2023 preferred by the accused appellants under Section 14A(1) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989 (hereinafter being referred to as the ‘SC/ST Act’). The learned appellate Court affirmed the Order dated 14th March, 2023 passed by the learned Special Judge SC/ST(PoA) Act, Hathras in Session Case No. 228/2021, rejecting the application for discharge filed by the accused appellants under Section 227 of the Criminal Procedure Code, 1973(hereinafter being referred to as the ‘CrPC’) and directing framing of charges against them for the offences punishable under Sections 147, 148, 149, 307, 323, 504 of Indian Penal Code, 1860 (hereinafter being referred to as the ‘IPC’) and Section 3(2)(v) of the SC/ST Act. By the said Order, the learned Special Judge also directed that the accused appellants shall remain present in the Court on the appointed date.

3. It m


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