Neutral Citation No. - 2025:AHC-LKO:38868 Court No. - 12 Case :- CRIMINAL APPEAL No. - 2078 of 2025 Appellant :- Balakram Gautam Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Appellant :- Rama Kant Dixit,Uday Kumar Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Heard, Shri Vineet Tiwari, Advocate holding brief of Shri Rama Kant Dixit, learned counsel for the appellant and learned A.G.A. This Criminal Appeal under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 22.10.2024 passed in Complaint Case No.81 of 2023; Balakram Gautam Verses Nanke and others by the Special Judge, SC/ST Act, Shrawasti, whereby the complaint case has been dismissed. Learned counsel for the appellant submits that the appellant had lodged an FIR under Sections 436, 504 IPC and Section 3(1)Da and 3(1)Dha of SC/ST Act against the respondents no.2 and 3. Without proper investigation and considering the statements of the witnesses and the evidence recorded during investigation, the final report was filed by the Police, therefore, the appellant filed protest application, on which the case was treated as Complaint Case and the statements were recorded under Sections 200 and 202 Cr.P.C., but without considering the statements in correct perspective, the complaint has been dismissed, which could not have been done, therefore, this appeal has been filed. Learned counsel for the appellant submits that the impugned order is liable to be set aside. Per contra, learned A.G.A. opposes the submissions and the prayer of the appellant. He submits that contrary statement has been given by the appellant under Section 200 Cr.P.C. before the court in Complaint case in comparison to the FIR lodged by the appellant. There is a contradiction in the evidence of the witnesses also recorded under Section 202 Cr.P.C., therefore, the impugned order has rightly been passed. Having considered the submissions of learned counsel for the parties, I have perused the material placed on record of this appeal. The appellant lodged the First Information Report bearing FIR No.0291 of 2022, under Sections 436, 504 IPC and 3(1)D and 3(1)Dha SC/ST Act, Police Station-Ikauna, District-Shrawasti alleging therein that the appellant is a Scheduled Caste. He resides at village-Ahranpurwa Dakhili Belkar, Police Station- Ikauna, District-Shrawasti making a hut. On 22.08.2022, at about 3.00 in the night, Nanke and Guru Bakshe son of Keshav Ram Yadav set fire on his thatch and he had seen them doing so and while going, they used abusive language and made casteist remarks against the appellant. After investigation the allegations were not found correct, therefore, final report was filed. On notice being issued to the appellant, he filed the protest application, on which the Special Judge, SC/ST Act registered the Complaint Case and recorded the statement of the appellant under Section 200 Cr.P.C. In his statement recorded under Section 200 Cr.P.C. before the Special Judge, SC/ST Act, he gave a contrary statement. He only stated that he was sleeping on the date of incident and there was fire on his thatch and he had seen in the light of fire that Nanke and Guru Bakshe were running from the house. He raised voice, on which Bade Lal, Chotkau, Nanke, Prabhunath and other persons came, by that time Nanke and Guru Bakshe had ran away. They burnt thatch in which he used to keep his grains. Thus he has given the contrary statement and he has not stated that he had seen Nanke and Guru Bakshe setting fire in his thatch and he has also not stated that they had used the abusive language or made casteist remarks against him. The witnesses, who have been examined under Section 202 Cr.P.C., have also given contrary statements. Thus when the appellant himself has not supported the version recorded in the FIR, the impugned order has rightly been passed in accordance with law. This court does not find any illegality or error in the findings recorded by the trial court. The appeal has been filed on misconceived and baseless grounds. The Criminal Appeal is, accordingly, dismissed. ........................................ (Rajnish Kumar,J.) Order Date :- 9.7.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench