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2023 Supreme(All) 1243

SURENDRA SINGH I
Raees – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sanjay Singh
For the Respondent: G.A., Girish Tiwari

JUDGMENT :

Heard Sri Sanjay Singh, learned counsel for the appellants, Sri Girish Tiwari, learned counsel for the respondent no. 2 and learned A.G.A. for the State.

2. This criminal appeal has been filed u/s 14-A(1) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, against order dated 01.05.2023 passed by Special Judge (SC/ST) (PA) Act, Rampur. By the impugned order, the trial court has rejected the discharge application u/s 227 Cr.P.C. filed by the appellants-accused.

3. It has been submitted by learned counsel for the appellants that by passing the impugned judgment and order, the trial court has committed a manifest error and has not considered the documentary and oral evidence filed with the charge-sheet and the arguments advanced on behalf of the appellants-accused. It has also been submitted that since no amount of money has been transferred in the account of appellants-accused nor any fraudulent or dishonest inducement has been made by them, therefore, offence u/s 406 or 420 I.P.C. is not made out. It has also been submitted that the appellants are illiterate persons and they had no knowledge about the caste of the informant/respondent no. 2, Smt. G

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