In The Case Of Jitendra Nath Mishra Vs State Of Up & Ors Before The Supreme Court Of India

FACTS OF THE CASE

• This is a special leave petition filed against impugned order dated 01.06.22 by Allahabad High Court.
• In the impugned order, High Court dismissed an appeal filed under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989) by the appellant.
• The case initiates from the FIR registered under the Sections 419, 420, 323, 406 and 506, Indian Penal Code and 3(1)(r) & (s) of the 1989 Act. The accused are alleged to have abused and assaulted the complainant and his wife.
• The Special Court constituted under the act took the cognizance and passed an order dated 16.10.2021 summoning appellant and accused no.1 for trial.

CONTENTIONS OF THE COURT

• The learned counsel appearing on behalf of the appellant contended that the FIR is significantly delayed. The alleged assault took place on September 30th 2017 but the FIR was lodged on February 28th 2018.
• The counsel submitted before the court that there are material contradictions in the statements of prime witnesses.
• The learned counsel appearing on behalf of the respondent raised question on the summoning order of appellant and accused together. He reli3d upon the case of Hardeep Singh vs.State of Punjab: (2014).
• The counsel contended that the decision of the High Court affirming the summoning order of the special court requires no interference by the apex court.

OBSERVATIONS OF THE COURT 

• The apex court held that the appeal lacks merit and therefore dismissed the appeal. It held that the decision of the High Court was at no fault.
• The court held that the material contradictions in the dispositions of the witnesses and the delay caused in the FIR are important facts open in the case.
• Court held that the Special Court in the present facts and circumstances of the case had fulfilled the required requisites of summoning.