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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 683 of 2024 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J.
1. Heard learned counsel for the appellants, learned A.G.A for the State, Mr. Rajesh Kumar Yadav, learned counsel for the respondent no.2 as also perused the record. 2. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set aside the impugned cognizance order/summoning order dated 04.11.2023 passed by learned Special Judge SC/ST Act, Mainpuri against final report no.28 of 2023 in Case No.1496 of 2023 arising out of Case Crime No.308 of 2023, under Sections 147, 148, 149, 307, 354Kha, 323, 504, 506 IPC and Section 3(2)(V) of SC/ST Act, Police Station Kurawali, District Mainpuri. 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. It is a case of no injury. The complainant as well as his wife were not medically examined. Appellants were summoned by the court below on the protest petition filed by the complainant. 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 well as summoning order as mentioned above is hereby refused. Versus Counsel for Appellant(s) : Ajay Kumar, Sanjay Kumar Srivastava Counsel for Respondent(s) : G.A., Rajesh Kumar Yadav Sudhir And 2 Others .....Appellant(s) State of U.P. and Another .....Respondent(s)
5. At this stage, learned counsel for the appellants submitted that directions may be given to the court below to consider the bail application 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.
October 8, 2025 Ajeet CRLA No. 683 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad