RAM SEWAK v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
CRLA/571/2025 · 2025-02-18
Karunesh Singh Pawar
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 124131 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124131 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:10589
Court No. - 16 Case :- CRIMINAL APPEAL No. - 571 of 2025 Appellant :- Ram Sewak Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Appellant :- Ramakar Shukla,Subodh Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the appellant, learned Additional Government Advocate for the State and perused the record. This criminal appeal has been filed under Section 14-A(1) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside order dated 12.11.2024, passed in Special Trial No.350 of 2019 State vs. Sankata Prasad by Addl. Sessions Judge/Special Judge, SC/ST (P.A.) Act, Lakhimpur Kheri arising out of case crime No.1327 of 2018 under sections 323, 504, 427 I.P.C., 3(1) (r), (s) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Kotwali Sadar, district Lakhimpur Kheri. A perusal of the statement of P.W.1 who is the only prosecution witness who has been examined so far shows that primarily the allegations are against Sankata Prasad. General allegation, though has been levelled initially against Suresh Singh and Mahesh Prasad also, however, in the later part of the statement, very specific statement has been made by P.W.1 levelling allegation of marpeet only on Sankata Prasad in so many words. There is no whisper regarding any role being played by Suresh Singh and Mahesh Prasad. Thus, I do not find any illegality in the finding of the trial Court while rejecting the application under section 319 CrPC. The appeal, being devoid of merit, is dismissed. Order Date :- 18.2.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench