R2023 SC 2757 , 2023 (124 ) ACC 936 , 2023 (2 ) ALT (Crl.) 227 (A.P.), 2023 (4 )BLJ(SC )132 , 2023 (2 )BomCR(Cri)911 , 2023 (3 )Crimes2 (SC ), 2023 (3 )CriminalCC786 , 2023 INSC 576 , 2023 (2 ) MWN (CR.) 325 , 2023 (II )OLR121 , 2023 (3 )RLW2293 (SC ), (2023 )7 SCC344 , [2023 ]7 SCR642 , 2023 (3 )UC1410 , ,MANU/SC/0641/2023Dipankar Datta#Pankaj Mithal#29SC3020Judgment/OrderAIC#AIR#Allahabad Criminal Cases#ALT (Criminal)#BLJ#BomCR-CriV#Crimes#CriminalCC#INSC#MANU#MWN (CR)#OLR#RLW#SCC#SCR#UCDipankar Datta,SUPREME COURT OF INDIAAssault#Commission of Offence#Falsity#First Information Report#Oral Evidence#Public Place2023-6-5661863,16765,16262,16263,16149,16247,16371,50680,16599,16369 -->

MANU/SC/0641/2023

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 978 of 2022

Decided On: 02.06.2023

Appellants: Jitendra Nath Mishra Vs. Respondent: State of U.P. and Ors.

Hon'ble Judges/Coram:
Dipankar Datta and Pankaj Mithal

JUDGMENT

Dipankar Datta, J.

1. This appeal, by special leave, takes exception to an order dated 1st June, 2022 of the Allahabad High Court. The impugned order dismissed an appeal filed by the Appellant Under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989 (hereafter '1989 Act'). Under challenge in the appeal was a summoning order dated 16th October, 2021 passed by the relevant Special Court under the 1989 Act, in exercise of power conferred on him by Section 319, Code of Criminal Procedure (hereafter, 'Cr. PC').

2. A First Information Report (hereafter 'FIR') came to be registered by the Khalilabad Police Station, District Sant Kabir Nagar, Under Sections 419, 420, 323, 406 and 506, Indian Penal Code and 3(1)(r) & (s) of the 1989 Act on the basis of information furnished by the complainant. Accusations were levelled against (1) Dharmendra Nath Mishra (hereafter 'Dharmendra'); (2) brother of Dharmendra; and (3) an 'unknown person' of having assaulted and abused the complainant and his wife, amounting to commission of offences punishable under the aforesaid provisions. Investigation of the FIR culminated in a charge-sheet Under Section 173(2) of the Code of Criminal Procedure being filed, wherein Dharmendra was shown as the sole Accused. The Special Court constituted under the 1989 Act took cognisance of the offence and framed charges against Dharmendra, whereafter the trial commenced. In course thereof, the complainant and his wife deposed as PW-1 & PW-2 respectively. According to them, Dharmendra and the Appellant together with an unknown person had assaulted them apart from hurling c........