Neutral Citation No. - 2025:AHC:65117 Court No. - 80 Case :- CRIMINAL APPEAL No. - 892 of 2025 Appellant :- Arman And 4 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Rakesh Kumar Mishra Counsel for Respondent :- G.A.,Sumit Kumar Gupta Hon'ble Nalin Kumar Srivastava,J. 1. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act (in short 'the SC/ST Act') has been filed by the appellants - Arman, Nirale, Kaish, Saiyyada and Gulam Gaush with the prayer to set-aside the cognizance / summoning order dated 7.9.2024 passed by the Special Judge (SC/ST Act), Moradabad, the charge sheet and the entire proceedings of Special Session Trial No. 811 of 2024, arising out of case crime no. 109 of 2024, under Sections 147, 148, 323, 504, 506, 308, 120-B IPC and 3(1)(da), 3(1)(dha), 3(2)(va) the SC/ST Act, P.S. Bhojpur, District Moradabad. 2. Heard learned counsel for the appellants, learned counsel for the opposite party no.2 as well as the learned AGA for State and perused the material available on record. 3. From the perusal of the record, it appears that in the instant case F.I.R. was lodged on 14.3.2024 against five named accused persons under Sections 147, 148, 323, 504, 506, 308, 120-B IPC and 3(1)(da), 3(1)(dha), 3(2)(va) the SC/ST Act and investigation started, however, the said F.I.R. was challenged before this Court and a Division Bench dealing with Criminal Misc. Writ Petition No.4581 of 2024 vide order dated 22.3.2024 granted interim protection to the petitioners till the next date of listing and further vide order dated 7.5.2024 the said writ petition was allowed and the F.I.R. was quashed. It also reveals that the said fact was brought to the notice of the Court concerned and it was ordered by the said Court that since the F.I.R. itself has been quashed by the High Court, no further proceedings are to be taken in the matter and the matter was closed vide order dated 11.6.2024. However, it appears that the said order was not brought to the notice of the Investigating Officer and the investigation of the case was continued and ultimately charge sheet was submitted against all the five accused persons on 16.4.2024. When the charge sheet was placed before the Court of Special Judge (SC/ST Act), Moradabad it appears that the said order dated 7.5.2024, whereby F.I.R. of the case was quashed, was not brought to the notice of the said Court rather the order dated 22.3.2024 whereby interim protection was granted to the petitioners / accused persons was placed before it and since the concerned Court was unaware of the order dated 7.5.2024 quashing the F.I.R. itself it proceeded to take cognizance into the matter and accordingly vide order dated 7.9.2024 the charge sheet was registered and cognizance was taken into the matter. 4. In these circumstances, since the F.I.R. of the case itself was quashed by this Court vide order dated 7.5.2024 in the aforesaid Writ Petition, there was no justification for investigation of the case and submission of charge sheet subsequent thereto. Hence, the impugned charge sheet dated 16.4.2024, the cognizance / summoning order dated 7.9.2024 and the entire proceedings of the aforesaid session trial are liable to be quashed / set-aside and the appeal deserves to be allowed. 5. Accordingly, the criminal appeal is allowed and the charge sheet dated 16.4.2024, the cognizance / summoning order dated 7.9.2024 and the entire proceedings of the aforesaid Special Session Trial No. 811 of 2024, arising out of case crime no. 109 of 2024, under Sections 147, 148, 323, 504, 506, 308, 120-B IPC and 3(1)(da), 3(1)(dha), 3(2)(va) the SC/ST Act, P.S. Bhojpur, District Moradabad are quashed / set-aside. 6. Office to send copy of this order to the Court concerned. Order Date :- 28.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad