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A.F.R.

Reserved on: 09.09.2021

Delivered on: 02.03.2022

Court No. - 88

Case :- CRIMINAL APPEAL No. - 2085 of 2020

Appellant :- Jay Prakash Verma And Another

Respondent :- State of U.P. and Another

Counsel for Appellant :- Himanshu Srivastava

Counsel for Respondent :- G.A.,Purushottam Mani Tripathi

Hon'ble Mohd. Aslam,J.

1.

This criminal appeal is preferred under Section 14-A (1) of SC/ST

Act for quashing the further proceedings of Special Session Trial No.

419 of 2019 (State vs. Jai Prakash and another), arising out of Case

Crime No. 96 of 2017, under Sections 323, 504, 506, 427 of I.P.C. and

Section 3 (1) (Da) of SC/ST Act, Police Station- Ramkola, District-

Kushinagar, pending in the court of Additional Sessions Judge/Special

Judge, SC/ST (PA) Act, Kushinagar at Padrauna as well as the

summoning order dated 16.10.2019.

2.

The brief facts necessary for disposal of this appeal is that

opposite party no.2 has lodged the first information report on the basis of

written complaint on 13.04.2019 at 23:21 P.M. against five named and

one unknown accused persons including the appellant with the allegation

that on 13.04.2019 at about 7:30 P.M. accused persons had snat