Neutral Citation No. - 2023:AHC:196949

Court No. - 84

Case :- CRIMINAL APPEAL No. - 3143 of 2023

Appellant :- Ram Awadh Yadav And Another

Respondent :- State of U.P. and Another

Counsel for Appellant :- Janardan Yadav

Counsel for Respondent :- G.A.,Madhu Sudan Dwivedi,Shrawan

Dwivedi

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

Heard the learned counsel for the appellants, learned A.G..A and

perused the record.

This is an appeal filed against the order dated 22.12.2022 passed

by Special Judge SC/ST Act, Azamgarh in complaint case no. 210

of 2020, Shyamnath Vs. Ram Awadh Yadav and others. By this

order the appellants are summoned to face trial under sections 420,

504, 506 I.P.C. and Section 3(1)) (da) and 3(1) (dha) of SC/ST Act,

police station Ahraula District Azamgarh.

It is argued by the learned counsel for the appellants that Lekhpal

Surjit Singh had gone for measuring a pokhari situated in gata no.

65 of the village concerned. Shyamker Yadav was also present

with him. As soon as they started measurement, Shubham and

Shivam both sons of Raj Mani, Rajmani and Shailesh, on the

exhortation of Shyamnath hurled abuses, gave threat of life and

thrashed them. The documents were torn by them and the lekhpal

somehow managed to escape from the spot and lodged FIR on

13.6.2020. Charge sheet in the matter was filed on 28.6.2020

against Shubham, Shivam (both sons of Rajmani), Rajmani,

Shyamnath and his son Shailesh under sections 147, 186, 353,

332, 323, 504, 506 I.P.C. In counterblast of this FIR and

chargesheet against the opp. party no. 2 and his son along with

other co accused persons this false complaint has been filed by

way of an application u/s 156(3) Cr.P.C. dated 7.8.2020. In the

complaint the incident is shown to be dated 13.6.2020. This is the

same date regarding the incident of this date only the FIR was

lodged by Lekhpal Surjit Singh against the son of opp. party nos. 2

and three other persons wherein chargesheet has been filed against

the opp. party no. 2 and his son also. Thus it is claimed that the

complaint has been filed totally on the false ground, hence, the

summoning order passed on the basis of statements under sections

200 and 202 Cr.P.C. of the complainant and his witnesses

respectively is prayed to set aside.

Learned A.G.A. though opposed the prayer but admitted the fact

that after filing of chargesheet against the opp. party no. 2, his son

and other persons the present complaint has been filed by opp.

party no. 2.

If we go through the application u/s 156(3) Cr.P.C. the above

mentioned fact is very much clear that regarding the same incident

dated 13.6.2020 mentioned in the complaint, the FIR was lodged

by the lakhpal concerned on the same day and the chargesheet was

filed against the opp. party no. 2 and his son along with 3 other

persons in the matter. After two months of submitting the

chargesheet, this complaint is said to have been filed. It has been

mentioned in this complaint that an application was moved by

Gram Pradhan before the police station concerned regarding the

incident but no action was taken. Admittedly, as a prerequisite

condition for filing an application u/s 156(3) Cr.P.C., no registered

application to S.P. concerned is said to have been given by the opp.

party no. 2. In the complaint there is no mention of hurling caste

based words by the appellants against the opp. party no. 2. So far

as encroachment over the land of gaon sabha by the appellants is

concerned, there is no such document on record to show that any

encroachment has been done by the appellants over the gaon sabha

land. Otherwise also it is the matter of civil nature which can be

raised before the competent court itself. Going through the facts

mentioned above, this case appears to be a malicious prosecution

that has been filed by way of application u/s 156(3) Cr.P.C. just in

counterblast of the case filed by Lekhpal Surjit Singh against the

son of opp. party nos.2 and three others persons wh