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2023 Supreme(All) 1653

SHAMIM AHMED
Hamid Raza – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Appellant : Suman Lata, Anita Singh

JUDGMENT :

(Shamim Ahmed, J.)

1. Heard Ms. Suman Lata, learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.

2. This Criminal Appeal under Section 14-A (1) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred as ‘S.C./S.T. Act’) has been preferred against the impugned orders dated 08.01.2021 and 06.04.2019 passed by Court of learned Sessons Judge (Court No. 2), Raebareli, in Criminal Case No. 92 of 2019, State v. Hamid Raza, Case Crime No. 212 of 2018 under Sections 323,504,506, I.P.C. and Section 3(1)Da, 3(1)Dha, and 3(2)5 of S.C./S.T. Act, Police Station Shivratganj, District Amethi, and Chargesheet No. A53 of 2018 dated 25.9.2018 submitted in the said case.

3. Learned counsel for the appellant submits that on 03.09.2018 at 14:57 hrs. the opposite party no.2 lodged an F.I.R. against the appellant which was registered as Case Crime No. 0212 of 2018, under Sections 323,504,506, I.P.C. and Section 3(1)Da and 3(2)5 of S.C./S.T. Act.

4. As per the prosecution version of the F.I.R., when the opposite party no.2-Ramdaas was going to see the fields on 3.9.2018, the appellant came there, beaten him, ab

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