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2022 Supreme(All) 59

Jay Prakash Verma – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
Counsel for Appellant :- Himanshu Srivastava
Counsel for Respondent:- G.A.,Purushottam Mani Tripathi

JUDGMENT :

Mohd. Aslam, J.

1. This criminal appeal is preferred under Section 14-A (1) of SC/ST Act for quashing the further proceedings of Special Session Trial No. 419 of 2019 (State vs. Jai Prakash and another), arising out of Case Crime No. 96 of 2017, under Sections 323, 504, 506, 427 of I.P.C. and Section 3 (1) (Da) of SC/ST Act, Police Station- Ramkola, District- Kushinagar, pending in the court of Additional Sessions Judge/Special Judge, SC/ST (PA) Act, Kushinagar at Padrauna as well as the summoning order dated 16.10.2019.

2. The brief facts necessary for disposal of this appeal is that opposite party no.2 has lodged the first information report on the basis of written complaint on 13.04.2019 at 23:21 P.M. against five named and one unknown accused persons including the appellant with the allegation that on 13.04.2019 at about 7:30 P.M. accused persons had snatched the key of his motorcycle due to old trivial issue using caste indicating words like Khattik, Chamaria abused him with filthy language and had also beaten him with fists, kicks, lathi, danda and damaged his motorcycle. The accused had also snatched the mobile of his companion Aditya Govind Rao. The informant has su

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