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2022 Supreme(All) 1446

SURESH KUMAR GUPTA
Rahul @ Abhinav Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : O.P. Tiwari.
For the Respondent: Manoj Kumar Gupta.

JUDGMENT :

Suresh Kumar Gupta, J.

1. Heard learned counsel for the appellants and learned A.G.A. for the State through Video Conferencing.

2. This appeal has been preferred under Section 14 (A) (1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against the summoning order dated 15.12.2020 passed by Special Judge, (SC/ST Act), Unnao and impugned charge-sheet No. 162 of 2020 dated 3.7.2020 submitted by investigating officer in Special Case No. 9 of 2021, F.I.R./Case Crime No. 136 of 2020, under Sections 147, 323, 324, 504, 506 IPC and Section 3(1)(da)(dha) of SC/ST Act, Police Station-Purwa, District-Unnao.

3. Before arguing the case on merits, learned counsel for the appellants while pressing the present appeal submits that after submission of charge-sheet the appellants have been summoned by order dated 15.12.2020 and the Court below while summoning the appellants has materially erred and did not follow the dictum of law as propounded by the Hon'ble Supreme Court in various cases that summoning in criminal case is a serious matter and the Court below without dwelling into material and visualizing the case on the touch stone of probability should not sum

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