JUDGMENT :

RAJ BEER SINGH, J.

1. Heard learned counsel for the appellant, learned counsel for the complainant /respondent No. 2 and learned A.G.A. for the State.

2. The present criminal appeal has been preferred under section 14-A (1) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred as SC/ST Act) against order dated 16.07.2022, passed by the learned Additional Sessions Judge/Special Judge, (SC/ST Act), Court No. 2, Bhadohi Gyanpur in Criminal Case No. 81 of 2016 (State vs. Subhash and others), under Sections 323, 504, 506, 325 IPC and 3(1)10 SC/ST Act, whereby the trial court has summoned the appellant under Section 319 Cr.P.C.

3. Learned counsel for the appellant has argued that the impugned order is against the facts and law and thus, liable to be set aside. In this matter a non-cognizable report was lodged by the respondent No. 2 on 28.03.2015 against accused Subhash, Rakesh, Lavkush and Arun but the appellant was not named therein. In his statement recorded under Section 161 Cr.P.C. also, the respondent No. 2 did not name the appellant. It was submitted that the respondent No. 2 has moved an application under Section 155(2) Cr.P.C. f