The court emphasized the necessity of following proper procedures in discharging or framing charges, highlighting that concealment of material facts undermines judicial integrity.

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 Act), Bhadohi at Gyanpur, seeking their discharge in the case, but the application was declined vide order dated 4th March, 2023, and aggrieved against it, an appeal bearing No. 3743 of 2023; titled Ajay Kumar Yadav and 6 others v. State of U.P. and another, was filed before this Court. He submits that during the pendency of the appeal, an interim order was also passed in favour of the accused-appellants on 30th May, 2023, wherein it was directed that the further proceedings of the trial shall be subject to the final order passed in this proceeding. The said order by this Court is Annexure No. 6.

3. Learned counsel has pointed out that finally the said appeal was decided on 28th October, 2023, wherein the order dated 4th March, 2023 was partly set aside, thereby discharging the appellants for alleged commission of the offence punishable under Section 3(2)(va) SC/ST Act, however, the remaining offences was maintained. Learned counsel submits that despite the order dated 28th October, 2023, the trial court has passed the impugned order dated 16th November, 2023, whereby the appellants have been charged for alleged commission of offence punishable under section 3(1)(r),(s) SC/ST Act. According to the learned counsel, the trial court has again committed an error of law, because once no offence under SC/ST Act is made out, the framing of charge against the appellants under section 3(1)(r) (s) SC/ST Act is not sustainable. He prays that the impugned order be set aside and the appellants be discharged for the substituted offence under SC/ST Act as well.

4. Pursuant to the notice issued by this court vide order dated 30th January, 2024, the opposite party no. 2- complainant was served, but despite various opportunities, no counter affidavit has been filed. Today, no one has put in appearance on behalf of the complainant-opposite party no. 2.

5. Though, the counter affidavit has been filed by the State and according to the learned State Counsel, the impugned order is based upon the correct appreciation of the material on record, therefore, no interference is called for by this Court.

6. After hearing the learned counsel for the parties and considering their submissions, this Court finds that the discharge of an accused or framing of charges against the accused is a consolidated exercise contemplated by Code of Criminal Procedure under Section 227 and Section 228 Cr.P.C., in respect of the trial before the Court of Sessions, but in the present case, the material has been examined in pieces. Once the investigation is concluded by the Investigating Officer and final report under Section 173(2) Cr.P.c. filed, it is incumbent for the trial court to analyze the record of case to ascertain, if, a prima facie case is made out for proceeding with the trial, and if, t