Shashikant Sharma vs State of U. P. - 2023 Supreme(All) 2187

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2187

GAJENDRA KUMAR
Shashikant Sharma – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Appellants : Pankaj Kumar Shukla.
For the Respondent: G.A.,Swetashwa Agarwal.

JUDGMENT

Gajendra Kumar, J.

Heard Shri Manish Tiwary, learned Senior Advocate assisted by Shri Pankaj Kumar Shukla, learned counsel for the appellants, Shri Swetashwa Agarwal, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

2. This appeal has been preferred under section 14 A (1) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred as SC/ST Act) against the judgment and order dated 14.03.2023, passed by the learned Special Judge SC/ST (PA) Act, Hathras, in Session Case No.228 of 2021 (State v. Shashikant and others) arising out of Case Crime No.218 of 2017, under Section 147 , 148, 149, 323, 307, 504 I.P.C. and section 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Sahpau, District Hathras, whereby, the application filed by the appellants for discharge, has been rejected.

3. It has been argued by learned counsel for the appellants that the impugned order is against facts and law thus, liable to be set aside. The respondent No.2. has lodged an FIR against the appellants and other accused persons making false and baseless allegations. It is further submitted that there is a

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