Anju Devi And 3 Others vs State Of U.P. And Another
- Neutral2026:AHC:106053
Ratio decidendi
The rule this decision rests on
Where an accused challenges a summoning order under Section 14A-1 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the court may grant a period of grace to enable the accused to file a discharge application before coercive measures are adopted. At the stage of considering a discharge application, the court is not bound by its earlier conclusion at the summoning stage and may discharge the accused if persuaded that the accused ought not to have been summoned and the charge is groundless, notwithstanding that the material on record at the time of the discharge application is the same as that which was available at the time of summoning. Where the court, after hearing the counsel for the accused on a discharge application, holds that the accused has been rightly summoned and the material on record does not indicate the charges to be groundless, it shall pass an order to that effect and proceed further in accordance with law, and shall be at liberty to adopt such measures as are permissible in law to secure the presence of the accused.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
2. The present appeal under Section 14A-1 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed to quash the summoning order dated 08.08.2024 passed by the Special Judge (S.C./S.T. Act), Pilibhit in S.S.T. No. 822 of 2024, (State Vs. Ram Kishor & Ors.) arising out of Case Crime No. 0068 of 2024, under Sections 323, 504, 506 I.P.C. and Sections- 3(1) Da, 3(1) Dha & 3(2)(va) of the S.C./S.T. Act., Police Station- Kareli, District- Pilibhit.
3. Learned counsel for the appellants submits that no offence is made out against the appellants and that the present prosecution has been instituted with a mala fide intention to cause harassment.
4. In the absence of any of the grounds recognized by the Supreme Court which may justify the quashing of the complaint or the impugned proceedings, the prayer for quashing the same is refused, as no abuse of the process of the Court is made out. The summoning court is vested with sufficient powers to discharge the accused even before the stage of framing of charges, if, for reasons to be recorded, it considers the charge to be groundless.
5. As requested, the appellants are permitted to appear before the concerned court within 20 days from today through counsel and move an application seeking discharge.
6. No coercive measures shall be adopted against the appellants for a period of 20 days from today or till the filing of the discharge application, whichever is earlier.
7. If the concerned court, after hearing the counsel for the accused, is persuaded to take the view that the accused ought not to have been summoned and that the charge is groundless, it shall not abstain from discharging the accused merely on the ground that the material available at the time of summoning is the same as that available at the time of consideration of the discharge application.
8. On the other hand, if the court, after hearing the counsel for the accused, holds the view that the accused has been rightly summoned and that the material on record does not indicate the charges to be groundless, it shall pass an order to that effect and proceed further in the matter in accordance with law. It shall also be at liberty to adopt such measures as are permissible in law to secure the presence of the accused.
9. With the aforesaid observations, this appeal stands disposed of.
(Madan Pal Singh,J.)
May 7, 2026
Akbar
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