# Jay Prakash Verma & Anr v. State of U.P & Anr

- **Citation:** (2022) 3 ILRA 361
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2022-03-02
- **Case number:** Criminal Appeal No.2085 of 2020
- **Bench:** Mohd. Aslam
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/jay-prakash-verma-anr-v-state-of-u-p-anr-48198
- **Pages:** 5

## Headnote

Criminal Law- - Scheduled Castes and
Scheduled
Tribes
(Prevention
of
Atrocities) Act, 1989- Section 14-A-
Summoning Order passed on printed
proforma - Impugned order of taking
cognizance is passed merely by filling up
the blanks in the proforma - The order of
taking cognizance of offences is an
intermediate order against which appeal
would lie under Section 14-A (1) of SC/ST
Act. The impugned summoning order has
been passed on a printed proforma by
filling the blanks without application of
judicial mind and as such, it is not
sustainable in the eyes of law.

As the word occurring in Section 14-A of the
Sc/St Act would also mean an intermediate
order hence an Appeal would be maintainable
against a summoning order. A summoning
order passed on a printed proforma reflects
non-application of mind and is therefore wholly
illegal.

Criminal Appeal - Code of Criminal
Procedure, 1973- Section 5 & 386 (d),(e)
- Procedure and power of appellant court
while hearing appeal under Section 14-A
of SC/ST Act- according to Section 5
Cr.P.C. that relates to "saving" will apply
in such matter- From the reading of
Section 386 of Cr.P.C., it is clear that
appeal under Section 14-A SC/ST Act will
fall within clause (d) and (e) of the
Cr.P.C.

As no procedure of hearing an appeal has been
provided under the Sc/ St Act, 1989, hence in
view of the provisions of Section 5 of the CrPc,
such appeal shall be heard in accordance with
the provisions of Section 386 of the CrPc.(Para
10, 11, 14)

Criminal appeal allowed. (E-3)

Judgements/ Case law relied upon:-

## Text

3 All. Jay Prakash Verma & Anr. Vs. State of U.P. & Anr.
361
that
the
chain
of
incriminating
circumstances
was
complete,
pointing
towards the guilt of the accused-appellant,
but has even failed to prove those
incriminating circumstances as against the
accused-appellant beyond the pale of
doubt.

25. Consequently, the appeal is
allowed. The judgment and order of
conviction and sentence recorded by the
trial court is set aside. The appellant is
acquitted of the charges for which he has
been tried and convicted. The appellant
shall be released from jail forthwith, unless
wanted in any other case, subject to
compliance of the provisions of Section
437-A Cr.P.C. to the satisfaction of the trial
court.

26. Let a certified copy of this order
along with the record be sent to the court
below for information and compliance
----------
(2022)03ILR A361
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 02.03.2022

BEFORE

THE HON'BLE MOHD. ASLAM, J.

Criminal Appeal No.2085 of 2020

Jay Prakash Verma & Anr. ...Appellants
Versus
State of U.P & Anr. ...Respondent

Counsel for the Appellants:
Sri Himanshu Srivastava

Counsel for the Respondent:
A.G.A., Sri Purushottam Mani Tripathi

Criminal Law- - Scheduled Castes and
Scheduled
Tribes
(Prevention
of
Atrocities) Act, 1989- Section 14-A-
Summoning Order passed on printed
proforma - Impugned order of taking
cognizance is passed merely by filling up
the blanks in the proforma - The order of
taking cognizance of offences is an
intermediate order against which appeal
would lie under Section 14-A (1) of SC/ST
Act. The impugned summoning order has
been passed on a printed proforma by
filling the blanks without application of
judicial mind and as such, it is not
sustainable in the eyes of law.

As the word occurring in Section 14-A of the
Sc/St Act would also mean an intermediate
order hence an Appeal would be maintainable
against a summoning order. A summoning
order passed on a printed proforma reflects
non-application of mind and is therefore wholly
illegal.

Criminal Appeal - Code of Criminal
Procedure, 1973- Section 5 & 386 (d),(e)
- Procedure and power of appellant court
while hearing appeal under Section 14-A
of SC/ST Act- according to Section 5
Cr.P.C. that relates to "saving" will apply
in such matter- From the reading of
Section 386 of Cr.P.C., it is clear that
appeal under Section 14-A SC/ST Act will
fall within clause (d) and (e) of the
Cr.P.C.

As no procedure of hearing an appeal has been
provided under the Sc/ St Act, 1989, hence in
view of the provisions of Section 5 of the CrPc,
such appeal shall be heard in accordance with
the provisions of Section 386 of the CrPc.(Para
10, 11, 14)

Criminal appeal allowed. (E-3)

Judgements/ Case law relied upon:-

1. In re : Provision of Section 14-A of SC/ST
(Prevention of Atrocities) Amendment Act, 2015
& Others Vs. Nil & ors, 2018 0 CrLJ 5010

2. Saurabh Dewana Vs St. of U.P. 2010 (3) ADJ
622

3. Ankit Vs St. of UP & anr. 2009 (9) ADJ 778
362 INDIAN LAW REPORTS ALLAHABAD SERIES
(Delivered by 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 snatched the key of his
motorcycle due to old trivial issue using
caste
indicating
words
like
Khattik,
Chamaria abused him with filthy language
and had also beaten him with fists, kicks,
lathi, danda and damaged his motorcycle.
The accused had also snatched the mobile
of his companion Aditya Govind Rao. The
informant has sustained multiple injuries on
his body and got his injuries medically
examined
at
Government
Hospital
Ramkola
and
keeping
in
view
the
seriousness of the injuries the doctor has
referred him to the District Hospital.

3. The injured/informant Rajkumar
Maurya was medically examined on
13.04.2019 at 8 P.M. at CHC Ramkola
wherein six injuries were found on the
body of the injured. The injury nos.1 and 3
were kept under observation and referred to
CHC, Kushinagar for expert opinion. Rest
injuries were found simple in nature.
Duration of the injuries was found fresh.
The
investigation
of
the
case
was
conducted by Circle Officer Naveen Kumar
Nayak who recorded the statement of
witnesses, visited the place of occurrence
and
prepared
the
site-plan.
After
completion
of
investigation,
he
has
submitted the charge-sheet against accusedappellant Jai Prakash Verma and Sunil
Verma under Sections 323, 504, 506, 427
I.P.C. and Section 3 (1) (Da) of SC/ST Act.

4. Heard learned counsel for the
accused-appellant, learned counsel for
opposite party no.2 as well as learned
A.G.A. for the State-respondent and
perused the record.

5. It is submitted by learned counsel
for the accused-appellant that the impugned
order
dated
16.10.2019,
by
which
cognizance of offence was taken by the
court below, is illegal, arbitrary and is
based on surmises and conjectures. It is
further submitted that some dispute has
taken place between the informant and
accused-appellant and the informant has
abused the appellant and only on mere
asking not to abuse the first information
report has been lodged against the appellant
and other accused persons on the basis of
false and concocted story. The accusedappellant neither has abused the opposite
party no.2 using cast indicating words nor
has beaten him as alleged in the first
information report. In fact, on the day of
incident the informant was drunken and fell
down near the shop of accused-appellant on
account of which he has sustained injuries.
It is also submitted that the cognizance
order on the charge-sheet was passed
merely by filling up the printed proforma.
Learned court below has not applied its
3 All. Jay Prakash Verma & Anr. Vs. State of U.P. & Anr.
363
mind before taking cognizance of the
offence, therefore, the impugned order is
liable to be set-aside.

6. Per contra, learned A.G.A. has
vehemently opposed the submissions of
learned counsel for the accused-appellant
and supported the order of lower court, but
he could not dispute that the impugned
order of taking cognizance is passed merely
by filling up the blanks in the proforma.

7. After service of notice, opposite
party no.2 has put in appearance and has
filed counter affidavit contending therein
that learned lower court has passed the
impugned order according to law. Learned
counsel for opposite party no.2 has further
submitted that merely because the order is
passed on printed proforma by filling up
the blanks does not make the order illegal
or without jurisdiction and the impugned
order cannot be set-aside on this ground
only. It is further submitted that the
genuineness of the occurrence can only be
decided after taking the evidence of the
parties, therefore, it cannot be looked at this
stage and the appeal is liable to be
dismissed.

8. In this case only cognizance of the
offence has been taken by the court below
and the charges have not been framed,
therefore, pros and cons of the evidence
cannot be considered at this stage while
deciding the appeal under Section 14-A (1)
of SC/ST Act. The first information report,
prima facie, discloses the commission of
offences punishable under the SC/ST Act.

9. Full Bench of this Court in re:
Provision of Section 14-A of SC/ST
(Prevention of Atrocities) Amendment Act,
2015 and Others vs Nil and others
[reported in 2018 0 CrLJ 5010] has held
that "a petition under the provisions of
Article 226/227 of the Constitution of India
cannot invoke in cases and situations where
an appeal would lie under Section 14-A. In
so far as the powers of the Court with
respect to the revisional jurisdiction is
concerned, we find that the provisions of
Section
397 Cr.P.C.
stand
impliedly
excluded by virtue of special provisions
made in Section 14-A. This, we hold also
in light of our finding that the word "order"
as occurring in sub-section (1) of Section
14-A would also include intermediate
orders."

10. From the Full Bench decision of
this court, it is abundantly clear that appeal
under Section 14-A (1) of SC/ST Act
would lie against intermediate order. The
order of taking cognizance of offences is an
intermediate order against which appeal
would lie under Section 14-A (1) of SC/ST
Act.

11. Now the question arises what
would be the fate of order of the
cognizance passed by court below by filing
up blanks on printed proforma. This court
in Saurabh Dewana versus State of UP
[2010 (3) ADJ 622] has held that order of
taking cognizance of offence and chargesheet on printed proforma is illegal and is
liable to be quashed on this ground only.
The law on this point is well settled also in
Ankit vs State of UP and another
[reported in 2009 (9) ADJ 778]. Thus, the
impugned summoning order has been
passed on a printed proforma by filling the
blanks without application of judicial mind
and as such, it is not sustainable in the eyes
of law. The copy of impugned order dated
16.10.2019 passed in Session Trial No. 419
of 2019 (State vs. Jai Prakash Verma and
others), arising out of Case Crime No. 96
of 2017, under Sections 323, 504, 506, 427
364 INDIAN LAW REPORTS ALLAHABAD SERIES
I.P.C. and Section 3 (1) Da SC/ST Act is
placed at page nos. 12-15 which shows that
the order of taking cognizance of offence
was written by handwriting on printed
proforma which is liable to be set-aside on
this ground only.

12. Now the question arises what is
the procedure and power of appellant court
while hearing appeal under Section 14-A of
SC/ST Act? No procedure and power of
appellate court has been provided in SC/ST
Act. Therefore, according to Section 5
Cr.P.C. that relates to "saving" will apply in
such matter. Section 5 of Code of Criminal
Procedure reads as follows:

"5. Saving. - Nothing contained
in this Code shall, in the absence of a
specific provision to the contrary, affect
any special or local law for the time being
in force, or any special jurisdiction or
power conferred, or any special form of
procedure prescribed, by any other law for
the time being in force."

13. From the perusal of Section 5 of
Code of Criminal Procedure, it is clear that
in absence of it's posting provisions in
special act the provision of the Cr.P.C. will
apply. The power of the appellate court is
enshrined under Section 386 of Cr.P.C.
which reads as follows :

"386. Powers of the Appellate
Court. -After perusing such record and
hearing the appellant or his pleader, if he
appears, and the Public Prosecutor, if he
appears, and in case of an appeal under
Section 377 or Section 378, the accused, if he
appears, the Appellate Court may, if it
considers that there is no sufficient ground
for interfering, dismiss the appeal, or may -
(a) in an appeal from an order of acquittal,
reverse such order and direct that further
enquiry be made, or that the accused be
retried or committed for trial, as the case
may be, or find him guilty and pass sentence
on him according to law. (b) in an appeal
from a conviction -

(i) reverse the finding and sentence
and acquit or discharge the accused, or order
him to be retried by a court of competent
jurisdiction subordinate to such Appellate
Court or committed for trial, Or

(ii) alter the finding, maintaining
the sentence, or

(iii) with or without altering the
finding, alter the nature or the extent, or the
nature and extent, of the sentence, but not so
as to enhance the same;

(c) in an appeal for enhancement
of sentence -

(i) reverse the finding and sentence
and acquit or discharge the accused or order
him to be retried by a court competent to try
the offence, Or

(ii) alter the finding maintaining
the sentence, or

(iii) with or without altering the
finding, alter the nature or the extent, or the
nature and extent, of the sentence, so as to
enhance or reduce the same;

(d) in an appeal from any other
order, alter or reverse such order;

(e) make any amendment or any
consequential or incidental order that maybe
just or proper.

Provided that the sentence shall
not be enhanced unless the accused has
3 All. Munawwar Vs. State of U.P.
365
had an opportunity of showing cause
against such enhancement.

Provided
further
that
the
appellate court shall not inflict greater
punishment for the offence which in its
opinion the accused has committed, than
might have been inflicted for that offence
by the court passing the order or sentence
under appeal."

14. From the reading of Section 386
of Cr.P.C., it is clear that appeal under
Section 14-A SC/ST Act will fall within
clause (d) and (e) of the Cr.P.C. Therefore,
the appeal is liable to be allowed and order
dated 16. 10.2019 passed by Special Judge
SC/ST (PA) Act, Kushinagar at Padrauna is
liable to set-aside and directions be issued
to learned Special Judge SC/ST Act to pass
fresh order on charge-sheet in the aforesaid
case after applying its judicial mind.

15. The appeal is, accordingly,
allowed and the impugned order dated
16.10.2019 passed by Additional Sessions
Judge/Special Judge, SC/ST (PA) Act,
Kushinagar at Padrauna in 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, is set-aside.

16.
Learned
Additional
Sessions
Judge/Special Judge, SC/ST (PA) Act,
Kushinagar at Padrauna is directed to pass
fresh order on the point of taking
cognizance on the charge-sheet in the
aforesaid case after applying its judicial
mind.
----------
(2022)03ILR A365
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 08.02.2022

BEFORE

THE HON'BLE MANOJ MISRA, J.
THE HON'BLE SAMEER JAIN, J.

Criminal Appeal No. 4759 of 2007

Munawwar ...Appellant (In Jail)
Versus
State of U.P. ...Respondent

Counsel for the Appellant:
Sri R.P.S. Chauhan, Sri Amir Khan, Sri
Beena Mishra, Sri K.D. Tiwari, Sri Mohd.
Asad, Sri Mohd. Samiuzzaman Khan, Sri
Mukhtar Alam, Sri Noor Mohammad, Sri
Zahid Ali, Sri R.B. Singh, Sri N.K. Singh

Counsel for the Respondent:
A.G.A.

Evidence Law - Indian Evidence Act-
Section 134- Conviction on basis of
solitary witness- When an incident of the
nature as is in the instant case occurs,
graphic description of each and every
detail with regard to each part of the
incident is humanly not possible and
therefore what is to be ascertained is
whether
the
incident
was
actually
witnessed or not by the person who seeks
to prove its occurrence and whether the
ocular account is corroborated with other
evidences - The presence of PW-1 with the
deceased at the time of incident cannot be
doubted- The discrepancy pointed out by
the learned counsel for appellant in the
ocular account with the medical evidence
is not such that renders the ocular account
improbable
or
contrived-
The
ocular
account rendered by PW-1 trustworthy,
natural and acceptable more so because,
it
finds
corroboration
from
the
surrounding circumstances as well as
medical evidence.

Although it is not humanely possible for a
witness
to
narrate
the
occurrence
with