BABBAN SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
CRLA/9680/2024 · 2025-09-14
Shekhar Kumar Yadav
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 101246 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101246 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 9680 of 2024 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J.
1. Heard learned counsel for the appellants, learned A.G.A for the State, learned counsel for the respondent no.2 as also perused the record.
2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set aside the impugned summoning order dated 06.02.2023 passed by learned Special Judge (SC/ST Act) Allahabad in Special Trial No.67 of 2023 arising out of Case Crime No.35 of 2018, under Sections 447, 323, 504, 506 IPC and Section 3(1)Da, 3(1) Dha of SC/ST (P.A.) Act, Police Station Khiri, District Prayagraj.
3. Submission of learned counsel for the appellants is that the applicants have been falsely implicated in the present case just to pressurize and harass the appellants, in fact, no such incident has taken place. The appellants have never committed any offence as alleged against them. Further submission is that no offence against the appellants is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the appellants. He also pointed out certain documents in support of his contention.
4. Considering the facts and circumstances of the case, the prayer to set aside the impugned cognizance order as mentioned above is hereby refused.
5. At this stage, learned counsel for the appellants submitted that directions may be given to the court below to consider the bail application Versus Counsel for Appellant(s) : Rahul Singh, Ram Bahadur Singh Counsel for Respondent(s) : G.A., Vinod Kumar Pandey Babban Singh And 2 Others .....Appellant(s) State of U.P. and Another .....Respondent(s)
of the appellants in accordance with law.
6. Considering the facts and circumstances of the case, the present appeal is disposed of with the direction that in case the appellants filed bail application before the court below, the same shall be heard and disposed of expeditiously in accordance with law.
7. With the above observations, this appeal is disposed of finally. September 15, 2025 Ajeet CRLA No. 9680 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad