Rakesh Mishra vs State of U. P. - 2023 Supreme(All) 952

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 952

UMESH CHANDRA SHARMA
Rakesh Mishra – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Applicant : Syed Imran Ibrahim,Vinay Kumar Rai
For the Respondent: G.A.

JUDGMENT :

Umesh Chandra Sharma, J.

1. Heard Sri Syed Imran Ibrahim, learned counsel for the applicants, Sri Pankaj Kumar Tripathi, learned A.G.A for the State and perused the record.

2. This application under Section 482 Cr.P.C has been moved to quash the summoning order dated 10.11.2022 arising out of Special Case No. 70 of 2019 - (Amar Singh Vs. Rakesh Mishra and others) under Sections 323, 427, 504, 506 I.P.C & Section 3 (1) X, of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Highway, district Mathura as well as all consequential proceedings of Case No. 70 of 2019, pending in the Court of Special Judge, SC/ST At, Mathura.

3. In brief, the facts of the case are that opposite party no. 2, Amar Sigh, the complainant moved an application under Section 156 (3) Cr.P.C to lodge an F.I.R under the aforesaid Sections against the applicants in respect of commission of crime at 09:00 a.m on 28.07.2019 with the allegations that the applicant and four five other persons armed with Lathi, sticks and other weapons reached at his land, broke the boundary wall through a J.C.B Machine and caused a loss of Rs.50,000/-. When they were prevented they