SAMEER SINGH AND ANOTHERversusSTATE OF U.P. AND ANOTHER

       HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL APPEAL No. - 11443 of 2025

Sameer Singh And Another
                                                    .....Appellant(s)
                             Versus
State of U.P. and Another
                                                  .....Respondent(s)

Counsel for Appellant(s)        :   Bairister Singh
Counsel for Respondent(s)       :   Anand Kapoor Pandey, G.A.,
                                    Sandeep Kumar Singh, Sandeep
                                    Srivastava

Court No. - 51
                 HON'BLE MADAN PAL SINGH, J.


1. Heard Sri Prateek Mishra along with Sri Shivansh Mehta,
learned counsel for the appellant; Sri Puneet Bhadauria, learned
counsel for opposite party no. 2; and the learned AGA for the
State, and perused the record.

2. By means of the present criminal appeal under Section 14A(1)
of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, the appellant has assailed the legality and
validity of the summoning order dated 27.02.2025, whereby the
Special Judge, SC/ST Act, Varanasi, while entertaining Case No.
1000 of 2024, (Pappu Sonkar Vs. Sameer Singh & Ors.), has
summoned the appellants to face trial under Sections 323, 504,
506 IPC and Sections 3(1)(da), 3(1)(dha) of the SC/ST Act,
Police Station Cantt. District- Varanasi.

3. Learned counsel for the appellant mainly submitted that in the
present case, the complaint has been filed by the opposite party
no.2 and statement of opposite party no.2 has been recorded
under Section 200 Cr.P.C. on 8th August, 2024, whereas
statements of witnesses have been recorded under Section 202
Cr.P.C. on 3rd October, 2024 but the trial court before
summoning the appellants, have not afforded any opportunity of
hearing to them as is mandatory as per provisions of Section 223
(1) B.N.S.S. which has been introduced on 4th July, 2023.
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4. On the above premise, learned counsel for the appellants
submits that the trial court while passing the summoning order
has committed gross error therefore, the same is liable to be set
aside. ]

5. The learned counsel for opposite party no.2 and the learned
A.G.A. for the State could not dispute the above submissions
made by the learned counsel for the appellants.

6. I have considered the facts and circumstances of the case, the
submissions made by the learned counsel for the appellants,
learned counsel for opposite party no.2 and the learned A.G.A.
for the State and perused the entire records including the order
impugned.

7. From deeper scrutiny of the order impugned along with other
records, this Court finds substance in the submission made by the
learned counsel for the appellants that the trial court has
committed gross error in passing the impugned order while
summoning the appellants without affording opportunity of
hearing to them as is mandatory under Section 223 (2) of
B.N.S.S., 2023.

8. Under such circumstances, this Court finds that the impugned
order passed by the trial court while rejecting the application of
the appellants cannot be legally sustained and is liable to be set
aside.

9. Consequently, cognizance/summoning order dated summoning
order dated 27.02.2025 passed by the Special Judge (SC/ST P.A.
Act), Mau, in Case No. 1000 of 2024, (Pappu Sonkar Vs.
Sameer Singh & Ors.), under Sections 323, 504, 506 IPC and
Sections 3(1)(da), 3(1)(dha) of the SC/ST Act is set aside.

10. The trial court is directed to consider and decide the Case No.
1000 of 2024, Sections 323, 504, 506 IPC and Sections 3(1)(da),
3(1)(dha) of the SC/ST Act, afresh on merits, in accordance with
law, by means of a reasoned and speaking order, after affording
opportunity of hearing to both the parties preferably within two
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                                        months from the date of production of a certified copy of this
                                        order, without granting any unnecessary adjournments to either
                                        of the parties, if there is no other legal impediment.

                                        11. It is clarified that the appellants shall be at liberty to raise all
                                        such issues supported by such documents and evidence, as he
                                        may be so advised, before the trial court and the same shall be
                                        considered by the trial court also before passing the fresh order.

                                        12 . The present criminal appeal is allowed subject to the
                                        observations and directions made above.

                                        May 5, 2026
                                        Akbar
                                                                                       (Madan Pal Singh,J.)




Digitally signed by :-
MOHAMMAD AKBAR
High Court of Judicature at Allahabad