Vishwapal Singh vs State of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1101

SHAMIM AHMED
Vishwapal Singh – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Pradeep Kumar Singh, Sushil Kumar Singh.
For the Respondent: Anil Kumar Shukla.

JUDGMENT :

SHAMIM AHMED, J.

1. Heard Sri Sushil Kumar Singh, learned counsel for the appellants, Sri Anil Kumar Shukla, learned counsel for the opposite party no. 2 and Sri Bhasker Mal, learned A.G.A. for the State.

2. The instant appeal has been moved by the appellants, namely, Vishwapal Singh, Adarsh Singh and Vipin Singh with a prayer to quash the impugned summoning order dated 04.03.2020 passed by the Additional Sessions Judge, Court No. 3, Sitapur, whereby the appellants have been summoned under Section 319 Cr.P.C. in Special Trial No. 181/2017 (State vs. Shivpal Singh and Others), under Sections 452, 323, 427, 504, 506 I.P.C. and Section 3(1)(Gha) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Kotwali, District Sitapur.

3. Before opening the arguments, learned counsel for the appellants informed that appellant no. 1, Vishwapal Singh died, as such, the appeal in respect of appellant no. 1 Vishwapal Singh stands abated. This Court is proceeding in respect of appellant no. 2, Adarsh Singh and appellant no. 3, Vipin Singh.

4. Learned counsel for the appellants submitted that initially an impugned F.I.R. was lodged by the opposite