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2024 Supreme(All) 32

SHAMIM AHMED
Aditya Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Suresh Kumar Upadhyay, Kamal Kishor Tiwari, Manoj Kumar Mishra.
For the Respondent: Maneesh Kumar Singh, Navita Sharma.

JUDGMENT :

SHAMIM AHMED, J.

1. Heard Mr. Suresh Kumar Upadhyay, Advocate along with Mr. Manoj Kumar Mishra, learned Counsels for the appellant, Mr. Maneesh Kumar Singh, learned Counsel for opposite party No. 2 and Ms. Shikha Sinha, learned A.G.A. for the State-opposite party No. 1.

2. The present Criminal Appeal under Section 14A(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is being preferred by the appellant, namely-Aditya Kumar for quashing the entire criminal proceedings in Session Trial No. 369 of 2021 pending before learned Special Judge, SC/ST Act, Shravasti arising out of Case Crime No. 0439 of 2020, under Sections 376 I.P.C. and Section 3(2)(V) of SC/ST Act, Police Station-Sonwan, District-Shrawasti against the appellant as well as summoning order dated 29.10.2021 passed by learned Special Judge, SC/ST Act, Shrawasti and charge-sheet No. A-096 of 2021 dated 09.05.2021 against the appellant.

BRIEFS FACTS OF THE CASE

3. The case, in brief, is that the opposite party No. 2/complainant, namely, Manju lodged a First Information Report against the appellant at Police Station Malhipur, District-Shrawasti under Section 376 I.P.C. and section 3(2)(V) S

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