Others v. Lko. And 2 Others

Shri Amrit Kumar Tiwari, learned counsel for the applicants submits that the FIR is a result of a political rivalry between the parties and the criminal prosecution is actuated by malafides. A persual of the FIR discloses that no prima facie offence under Section 3(2)(v-a) SC/ST Act is disclosed. The provisions have been incorporated only aggravate the offence and cause the imprisonment of the applicants. The false criminal proceedings are being leveraged in the political dispute between the parties. A prima facie offence under the SC/ST Act is not disclosed even if the FIR and the prosecution evidence which are in the record are taken on their face value. No casteist abuses were hurled at the victim. Matter needs consideration. Issue notice to opposite party nos. 2 and 3 by RPAD as well as by regular process, returnable within a period of four weeks. Steps to be taken within a period of two weeks. In case the prosecution is allowed to proceed at this stage, the appellant will be subjected to trial without authority of law. Learned AGA as well as opposite party nos. 2 and 3 to file counter affidavit by the next date of listing. 2 A482 No. 7345 of 2025 List thereafter. Till further orders, the proceedings of Special Sessions Trial No. 20 of 2022 (State vs. Raghvendra Tiwari @ Ajay Tiwari and others) arising out of Case Crime No. 26 of 2021 under Sections 147, 323, 352, 504, 506 IPC and Section 3(2)(v-a) SC/ST Act, Faizabad Police Station- Raunahi, District-Faizabad shall remain stayed. September 4, 2025 Vandit (Ajay Bhanot,J.)