Umesh Chandra Tripathi, J. - (1.) Heard learned counsel for the parties and perused the material available on record.
(2.) This criminal appeal under Section 14A (1) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989') has been filed on behalf of the appellants challenging the order dated 28.01.2019? passed by IInd Additional Sessions Judge/Special Judge (S.C./S.T. Act), Bulandshahr, in S.T. No. 317 of 2015 (State v. Hariom), arising out of Case Crime No. 48 of 2015, under Sections 302, 201 of the Indian Penal Code, 1860 and Section 3(2)(V) of Act, 1989, Police Station - B.B. Nagar, District - Bulandshahr, whereby on the application under Section 319 of the Code of Criminal Procedure, 1973 (for short 'Code'), the appellants have been summoned for the offences punishable under the aforesaid sections.
(3.) Learned counsel for the appellants contended that although the appellants were named in the F.I.R., but after investigation, the police submitted final report against the appellants. On the basis of statements of P.W.1 Vijay Pal, P.W.2 Rajpal and P.W.3 Ganga Ram, the appellants have been summoned for the offences punishable under the aforesaid sections. Relying on the judgement of Hon'ble Apex Court in the case of Brijendra Singh & Ors. v. State of Rajasthan reported in, 2017 7 SCC 706, learned counsel for the appellants further contended that main accused Hari Om, against whom charge-sheet has been filed by the police, has been exonerated by the witnesses of fact during their statements before the court. Accordingly, the appellants cannot be summoned on application under Section 319 of the Code.;