The police after investigation, submitted the charge sheet

for the offences punishable under Sections 498A, 504, 506, 342

R/w Section 34 of IPC and Section 3(1)(11) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989 (for short 'SC/ST (PA) Act. The petitioners herein, who

were initially arraigned as accused in the FIR were dropped

from the array of accused in the charge sheet. Accused Nos.2

to 5 approached this Court in Criminal Revision Petition

No.200011/2018 and this Court, by order dated 03.12.2018

quashed the proceedings against accused Nos.2 to 5. However,

observed that, Trial Court shall proceed with the trial against

accused Nos.1, 6 and 7 in accordance with law. Thereafter, the

learned Sessions Court in view of the observation made by this

Court, has issued summons to the present petitioners/accused

Nos.6 and . Hence, this petition.

Heard the learned counsel for the petitioners,

learned High Court Government Pleader for respondent No.1-

State and learned Amicus Curie for respondent No.2.

- 3 -

3.

Petitioners, who were arrayed as accused Nos.6

and 7 in the FIR were dropped from the array of accused in the

charge sheet filed by the police after investigation, since no

incriminating materials were found against them. This Court

while disposing of the revision petition filed by accused Nos.2

to 5 has observed that the Trial Court shall proceed with the

trial against accused Nos.1, 6 and 7 in accordance with law.

4.

The petitioners having been dropped from array of

the accused in the charge sheet, the summons issued by the

learned Sessions Court to answer the charge of offence alleged

in the charge sheet is not sustainable in law. Accordingly, I

pass the following:

ORDER

i.

Criminal petition is allowed.

ii.

The notice dated 21.02.2023 issued by the Principal

District and Sessions Judge in Spl.A.C.No.11/2016 as

against the petitioners herein stands quashed.

iii.

Sri Liyaqat Fareed Ustad, learned Amicus Curie is

entitled for professional fee of Rs.10,000/- to be paid

by the High Court Legal Services Committee.

Sd/-

JUDGE

LG

List No.: 1 Sl No.: 24