The Supreme Court upheld the summoning order under the Scheduld Castes and Scheduled Tribes Act and asked the appellant to raise evidence based contention during trial.

In Criminal Appeal No. 978 of 2022, Jitendra Nath Mishra appeals against an order by the Allahabad High Court, which dismissed his appeal under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appeal challenges a summoning order issued by the Special Court under the Act. The appellant argues that the FIR was lodged belatedly, there are contradictions in the testimonies of the witnesses, and the evidence is insufficient to justify summoning him. However, the Court upholds the summoning order, stating that there is prima facie evidence of the appellant’s involvement in the crime. The appellant can raise his arguments during the trial before the Special Court.

JITENDRA NATH MISHRA … APPELLANT
VS.
STATE OF U.P. & ANR …RESPONDENTS
decided by the Supreme Court of India on June 2, 23.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.