Syed Mohiuddin Ahmad vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2006

RAJ BEER SINGH
Syed Mohiuddin Ahmad – Appellant
Versus
State of U. P. – Respondent

Advocates Appeared:
For the Appellant : Ghazala Bano Quadri and Maseeh Uddin.
For the Respondents: A.G.A., Ankur Vishwakarma, Kapoor Chandra Vishwakarma and A/K1521.

JUDGMENT :

(Raj Beer Singh, J.) :

1. Rejoinder-affidavit, filed by the learned counsel for the appellant, is taken on record.

2. Heard learned counsel for the appellant, learned counsel for the respondent No. 3 and learned A.G.A. for the State.

3. This criminal appeal has been preferred under Section 14-A (1) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act') for quashing of charge-sheet dated 28.1.2021 and impugned cognizance/summoning order dated 24.3.2021, passed by the learned Special Judge, SC/ST Act, Allahabad in Special Trial No. 253 of 2021 (State v. Mohiuddin Ahmad), arising out of Case Crime No. 766 of 2019, under Sections 323, 504, 506, 406 IPC and Section 3(1)Da, Dha of SC/ST (PA) Act, P.S. Jhusi, District Allahabad.

4. It has been argued by the learned counsel for the appellant that the respondent No. 3 has lodged First Information Report of this case making false and baseless allegations. The dispute between the parties is civil in nature, which has been converted by the respondent No. 3 into criminal case by concocting a false story. In the complaint made to the police and S.S.P regarding the incident, t