Neutral Citation No. - 2023:AHC:148066

Court No. - 84

Case :- CRIMINAL APPEAL No. - 2149 of 2023

Appellant :- Ashutosh Tripathi

Respondent :- State of U.P. and Another

Counsel for Appellant :- Ram Prakash Dwivedi,Pranshu Dwivedi

Counsel for Respondent :- G.A.,Ankit Kapoor

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard the learned counsel for the appellant, learned counsel for

opp. party no. 2, learned A.G.A. for the State and perused the

record.

This appeal u/s 14-A(1) of SC/ST (P.A.) Act has been filed against

the order dated 21.10.2021 whereby the appellant has been

summoned by the trial court to face trial under sections 354 (D)

I.P.C. and section 3(1)(r), 3(1)(s) and 3(1)(va) of SC/ST Act.

It is argued by the learned counsel for the appellant that the parties

live in the same building. Opp. party no. 2 lives on the ground

floor while the parents of the appellant live on the 2nd floor. The

water tank of opp.party no. 2 is kept on roof which continuously

keeps on leaking causing damage to the property of the appellant.

Regarding which a civil suit is pending. The civil suit is in the

name of the father-in-law of opp.party no. 2. In this Original Suit

No. 481 of of 2018, the