PRAMOD SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
CRLA/1276/2025 · 2025-05-02
Alok Mathur
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 135568 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135568 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26467 Court No. - 12 Case :- CRIMINAL APPEAL No. - 1276 of 2025 Appellant :- Pramod Singh And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Prabhakar Nath Mishra Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J.
1. Heard Smt. Laxmi Verma, Advocate holding brief of Sri Prabhakar Nath Mishra, learned counsel for the appellants as well as learned Additional Government Advocate for the State of U.P.
2. In the light of proposed order notice to private respondent is dispensed with. 3. By means of present criminal appeal under Section 14A(1) of SC/ST Act the appellant has assailed summoning order dated 03.12.2018 as well as order dated 11.02.2025 whereby non bailable warrant has been issued by the Second Additional Sessions Judge/Special Judge (SC/ST Act), Sultanpur in Complaint Case No. 154 of 2017 - Smt. Rajkumari Vs. Pramod Singh and Others, under Sections 323, 504, 506 IPC read with Section 3(1)(dha), 3(1)(Gha) of SC/ST Act, Police Station - Gauriganj, District - Amethi and well as have assailed the entire proceedings of the aforesaid case. 4. It has been submitted by learned counsel for the appellants that respondent no. 2 had lodged a first information report which is related to an incident occurring on 03.02.2016, stating that work under the MENREGA Scheme in the village was being carried out pertaining to digging of pond, where the complainant was working on the post of
"Rozgar Sewak" and was responsible for marking attendance of the labourers who were working under the said scheme. The appellants came alongwith three minor children and starting forcing the complainant to engage them as labourers under the scheme and on refusal of the complainant, the appellants started abusing him and used caste related words and accordingly, an FIR was lodged in this regard. 5. After investigation final report was filed by the Police in the matter, but subsequently on protest petition being filed by the complainant-opposite party no. 2, same was treated as complaint case and after recording statements under Sections 200 and 202 Cr.P.C., the appellants have been summoned as accused in the said case. The appellants appeared in the aforesaid case and have also obtained bail. 6.
The grievance raised by the appellants is that for certain reasons, they could not appear before the trial Court on 11.02.2025, due to which non bailable warrants have been issued against them. 7. Learned A.G.A. has opposed the appeal and has supported the impugned orders. He prays for dismissal of appeal. 8. Heard learned counsel for the parties and perused the record. 9. From the perusal of record this Court finds that entire facts as narrated in the complaint disclose commission of cognizable offence under the SC/ST Act and considering that all the facts are within the knowledge of the complainant, the trial Court has rightly treated it to be complaint case and proceeded by conducting inquiry under Section 200, 202 Cr.P.C. and after considering entire material available on record, has issued summons to the appellants. No arguments were raised assailing the said order, even otherwise, this Court finds that adequate reasons have been stated by the trial Court while summoning the appellants. 10. Accordingly, this Court do not find any infirmity in the impugned summoning order. With regard to non bailable warrant issued against the appellant, it is provided that in case appellants have not appeared before the trial Court and obtained bail, benefit of the judgment of Hon'ble Supreme Court rendered in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021, shall be available to them. 11. Subject to the aforesaid directions, present appeal being devoid of merits is dismissed. Order Date :- 2.5.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench