Syed Mohiuddin Ahmad vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2848

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

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

Table of Content
1. quashing of charges under sc/st act due to private nature of dispute. (Para 3 , 18)
2. appellant's argument on false allegations and civil nature of dispute. (Para 4 , 5 , 6)
3. judicial guidelines for issuance of non-bailable warrants. (Para 7 , 12 , 14 , 16)
4. criteria for proper issuance of warrants and application of law. (Para 8 , 10 , 11 , 17)
5. conclusion on appeal and orders on summoning and warrants. (Para 19 , 20)

JUDGMENT

Raj Beer Singh, J.

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 28.01.2021 and impugned cognizance/summoning order dated 24.03.2021, 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 (P