Advocates:
['VIRENDRA SINGH', 'G A', '', 'VISHNU PANDEY']

Reserved on: 07.01.2022

Delivered on: 28.01.2022

Court No. - 81

Case :- CRIMINAL APPEAL No. - 4065 of 2021

Appellant :- Sanjay Seth And Another

Respondent :- State of U.P. and Another

Counsel for Appellant :- Virendra Singh

Counsel for Respondent :- G.A.

Hon'ble Raj Beer Singh,J.

1.

Heard Sri Virendra Singh, learned counsel for the appellants, Sri

Vishnu Pandey, learned counsel for the private-respondent and learned

A.G.A for the State.

2.

This appeal has been preferred against judgment and order dated

01.07.2021, passed by the Special Judge (SC/ST) Act, Chandauli in S.S.T.

No. 376 of 2021 (State Vs. Sanjay Seth and others), arising out of case crime

no.27 of 2021, under Section 452, 504, 506, 354 Kha IPC and 3(i)(d), 3(i)

(dha), 3(i)(w) of SC/ST Act, P.S. Balua, District Chandauli, whereby, the

said court has taken cognizance and summoned the appellants.

3.

It has been argued by learned counsel for the appellants that the

impugned order is against facts and law and that no prima facie case is made

out against appellants. Learned counsel has referred the statement of

husband of first informant, who has inter-alia stated that his wife/first

informant was having intimacy with one Ajay Kumar Singh and due to that

reason, there has been dispute between them. He had two houses and he

executed sale-deed of one of his house in the name of his wife and another

house was sold by him to one Shiv Poojan Pal and two years later said Shiv

Poojan Pal has sold the said house to the father of appellants. The husband of

first informant has also stated that in fact said Ajay Kumar singh wanted to

take illegal possession over his house and due to that reason he has got

lodged this case from the informant by invoking provisions of Scheduled

Castes and Scheduled Tribes (Prevention of attrocities) Act. Learned counsel

further submitted that in fact earlier the first informant, said Ajay Kumar

Singh and others have tried to take possession over the said property, which

was purchased by the father of appellants from Shiv Poojan Pal and in this

connection an FIR was lodged by the father of appellants vide crime no.

0073 of 2021, under Section 147, 448, 452, 323, 504, 506 and 427 IPC and

later on in that matter they were charge-sheeted. It has been further

submitted that in FIR only vague allegations have been made but during

investigation first informant has made substantial improvement in her

statement under Section 161 and 164 Cr.P.C. Learned counsel has referred

the statement of first informant and submitted that the allegations regarding

outraging the modesty of first informant by using caste indicative words are

thoroughly false and appellants have been implicated in this case with mala-

fide intention and that the court below has not considered the facts and

material in accordance with law and that impugned order is liable to be set

aside. It was also stated that earlier appellants have filed a petition before

this court for quashing of FIR of this case but now charge sheet has already

been filed and cognizance has been taken and thus, the instant appeal has

been filed.

4.

Learned counsel for the first informant and learned A.G.A. have

opposed the appeal. Learned counsel for the first informant has argued that

in fact the appellants, in connivance with husband of first informant, wanted

to grab the house of informant and they have tried to take possession over

her house, where she is residing with her minor children. The version of FIR

has duly been supported in her statement, recorded under Section 161 and

164 Cr.P.C. It was further submitted that a civil suit regarding disputed

property is pending before the civil court. Learned counsel for the first

informant has further submitted that in fact appellants have concealed the

fact that no other petition in this matter is pending, whereas, they have

already filed a writ petition before this Court which is still pending. It has

been fur