In an application filed before the Allahabad High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), a Single Judge Bench of Justice Praveen Kumar Giri directed the present as well as former Special Judge, SC/ST Act to submit an explanation regarding the passing of a summoning order in a casual manner, and suspended any warrants issued against the applicant till the next date of hearing.
The applicant (accused) submitted that the opposite party 2 filed an application under Section 156(3) of the Criminal Procedure Code, 1973 (CrPC), before the Judicial Magistrate, Aligarh, through which the police station concerned was directed to lodge a First Information Report (FIR). Resultantly, an FIR was lodged under the relevant sections of the Indian Penal Code, 1860, and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
After the investigation, the Investigating Officer submitted a final report in the court exonerating the applicant. Thereafter, the Court invited a protest petition in accordance with Bhagwant Singh v. Commissioner of Police & Anr. (1985) 2 SCC 537. On the said protest petition, the Special Judge, SC/ST Act, proceeded with the matter as a complaint case and recorded statements. The applicant was then summoned under Sections 323, 504 of IPC and Section 3(2)(5) of the SC/ST Act.
The applicant contended that the provision of Section 3(2) (va) would be attracted to the matter only if prima facie an offence was made out and that there was no provision of Section 3(2)(5) under the SC/ST Act, as was mentioned in the summoning order.
The Court directed the present Special Judge, SC/ST Act, Aligarh, as well as the then Special Judge, SC/ST Act, Aligarh, who had passed the summoning order, to submit an explanation on or before 30-01-2026, as to why the said order was passed in such a casual manner, violating the fundamental right of the applicant under Article 21 of the Constitution of India.
Further, the Court issued notice to the opposite party 2 to file a counter-affidavit in the matter, suspending any warrant issued against the applicant till the next date of hearing.
The matter is now listed on 30-01-2026.
Appearances:
For Applicant – Raghav Arora
For Opposite Party(s) – G.A.
