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.