Court No. - 65

Case :- CRIMINAL APPEAL No. - 5988 of 2021

Appellant :- Janardan And 3 Other

Respondent :- State of U.P. and Another

Counsel for Appellant :- Harish Kumar Tripathi

Counsel for Respondent :- G.A.

Hon'ble Rahul Chaturvedi,J.

Sri Harish Kumar Tripathi, learned counsel for the appellants and learned

AGA for the State and perused the material brought on record.

This criminal appeal under Section 14 A (2) of Scheduled Castes &

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T.

Act") has been filed for setting-aside the impugned order dated 20.11.2021

passed by learned Special Judge, Special Court, SC/ST Act/Additional

District & Sessions Judge, Court No.2, Maharajganj in Bail Application

No. 1419 of 2021 in Special Sessions Trial No. 13 of 2019 arising out of

complaint case no. 82 of 2017, under Sections 323, 325, 506 IPC read

with Section 3(2)(V-ka) SC/ST Act and Section 504, 395 IPC read with

Section 3(1)(10) SC/ST Act, P.S. Shyamdeurwa, District-Maharajganj.

Office relying upon the report of CJM, Maharajganj dated 15.01.2022

indicates that notices were duly served upon opposite party no.2 and till

date neither he has engaged any counsel nor any counter affidavit has been

filed.

Learned AGA has filed counter affidavit, which is taken on record.

Despite of the fact that notice were served upon opposite party no.2 he has

not filed any counter affidavit so it is presumed that opposite party has

nothing to say in this matter and with the assistance of learned AGA, the

Court is proposing to decide the present appeal.

Submission made by the counsel that the appellants are facing prosecution

pursuant to summoning order dated 11.12.2018 whereby the appellants

were summoned to face the prosecution under Section 323, 325, 504 IPC

and Section 3(2)(Vka) SC/ST Act and Section 504 and 395 IPC and

Section 3(1)(10) SC/ST Act and accordingly sent to jail on 21.10.2021 and

since then they are behind the bars.

Contention raised by the counsel for the appellant is that for the incident of

15.03.2016, the informant Kanhaiya Lal has lodged the FIR against Rama

Shanker Yadav, Chhotu, Janardan, Awdhesh, Akash and Prashant under

Sections 147, 148, 452, 323, 504, 506 IPC and Section 3(2)(10) SC/ST Act

as case crime no. 140 of 2016, P.S. Shyamdeurwa, District Maharajgaj and

the police after making thorough investigation in the matter submitted its

report under Section 173(2) Cr.P.C. by filing charge sheet under the

aforesaid sections of the IPC against Janardan, Ramashanker, Awdhesh

and Chhotu @ Ram Adhar dropping the name of other co-accused.

Accordingly, all the named accused persons were turned down by the

Additional Sessions Judge, Court No.4, Maharajganj itself on 16.02.2017,

30.03.2017 and 01.05.2017 respectively.

In order to complicate the issue for the same incident dated 15.03.2016 a

parallel complaint was filed on 03.05.2017 with certain embellishment and

accordingly the aforesaid summoning order was passed on 11.12.2018.

Since the appellants were pitted against the charge sheet in case crime no.

140 of 2016.

The appellants approached this Court by filing 482 Cr.P.C. Application

No. 41321 of 2019 and the Bench of this Court vide order dated

18.11.2019 have disposed of aforesaid 482 Cr.P.C.application to move a

suitable application under Section 210 Cr.P.C. for clubbing the parallel

proceedings. Pursuant to this order, the learned Special Judge, SC/ST Act,

Court No.2 Maharajganj on 15.02.2020 after passed an order clubbing

both the proceeding by making a mention that genesis of this case relates

to same incident and therefore in the fitness of circumstances both the

proceedings may be clubbed together and accordingly there was a

clubbing of both the cases and the appellants are facing Trial Nos. 327 f

2016 and 13 of 2019 and the proceedings are going on.

Learned A.G.A submits that since Section 395 and certain others

additional sections of SC/ST Act were