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2023 Supreme(All) 1386

RAM MANOHAR NARAYAN MISHRA
Dinesh Kumar Gupta – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Lko. – Respondent


Advocates Appeared:
For the Appellants : Pradeep Kumar Shukla, Skand Bajpai.

JUDGMENT :

(Ram Manohar Narayan Mishra, J.)

1. Heard learned counsel for the appellant, learned AGA for the State and perused the material placed on record.

2. Instant Criminal Appeal under Section 14-A (1) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 been filed by the appellants to set aside/quash the chargesheet filed in the case by police after investigation against the appellants and set aside the summoning order dated 17.5.2023 passed by the learned Additional Sessions Judge/Special Judge (SC/ST Act), District Gonda, in Sessions Trial No.453 of 2023, arising out of Case Crime No.0125 of 2023, under Sections 323, 354-Kha, 427, 452, 504, 506 IPC and Sections 3(1)(da), 3(1)(dha), 3(1)(w) and 3(2)(v-a) of SC/ST Act, State vs. Harishchandra and others.

3. As per the office report dated 15.9.2023, notice issued by this Court has been served on respondent No.2 but none appeared on her behalf to press present criminal appeal.

4. Brief facts of the case are that the informant Smt. Kanchan moved an application under Section 156(3) Cr.P.C. before learned Special Judge (SC/ST Act) for registration of case and investigation by police with averments th

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