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MANOJ BAJAJ
Ajay Kumar Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Manoj Bajaj, J.
Appellants-Accused have filed this appeal under Section 14A(1) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting aside the impugned order dated 16.11.2023 passed by the Special Judge (SC/ST Act), Bhadohi in Sessions Trial No. 318 of 2021; titled State v. Omkar Nath Yadav and others, arising out of Case Crime No. 59 of 2021, under Sections 147, 148, 149, 323, 504, 325, 452, 336, 427, 506 IPC and Section 3(1)(r),(s) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Chauri, District Bhadohi, whereby the charges against the accused have been modified.
2. Learned counsel for the appellants has argued that the opposite party no. 2 had falsely implicated the appellants in Case Crime No. 59 of 2021, under Sections 147, 148, 149, 323, 504, 325, 452, 336, 427, 506 IPC and 3(2)(va) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, wherein after investigation, a final report under Section 173(2) Cr.P.C. dated 18th August, 2021 was filed. He submits that the appellants had jointly moved an application dated 27th February, 2023 before the Special Court (SC/ST
The court emphasized the necessity of following proper procedures in discharging or framing charges, highlighting that concealment of material facts undermines judicial integrity.
The court upheld that contradictions in witness statements and allegations of fabrication do not warrant discharge from prosecution if prima facie evidence exists, affirming the necessity of trial.
Cognizance under the SC/ST Act was quashed as the allegations arose from a land dispute, not atrocities as defined by the Act, while the cognizance for IPC offences was upheld based on prima facie ev....
(1) SC/ST Act is a transformative instrument, bridging gap between constitutional ideals and everyday realities, ensuring that SC/ST citizens can live as equal, dignified, and empowered members of so....
At stage of framing of charges, Court is not required to undertake meticulous evaluation of evidence and even grave suspicion is sufficient to frame charge – Nevertheless, if necessary ingredients of....
At the discharge stage under Section 227 Cr.P.C., the court must consider only the prosecution's materials, and strong suspicion is sufficient to proceed with the trial.
The court emphasized that at the stage of framing of the charge, the trial court is required to evaluate the material and documents on record to determine if there is ground for presuming that the ac....
The court held that cognizance for offences under the SC/ST Act cannot be taken without a chargesheet, while maintaining cognizance for IPC offences due to specific allegations.
The court emphasized that at the charge framing stage, the trial court must evaluate prosecution materials as true without considering the defense, and prosecution sanction is necessary for certain c....
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