RAHUL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 5 OTHERS
CRLA/1323/2025 · 2025-04-29
Alok Mathur
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 137042 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137042 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26341 Court No. - 12 Case :- CRIMINAL APPEAL No. - 1323 of 2025 Appellant :- Rahul Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 5 Others Counsel for Appellant :- Shyam Bahadur,Vikas Kumar Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J.
1. Heard Sri Shyam Bahadur, learned counsel for the appellant as well as learned A.G.A. for the State of U.P.
2. In the light of proposed order, notice to private respondents is dispensed with. 3. By means of present criminal appeal under Section 14-A(1) of SC/ST Act, the appellant has challenged the order dated 24.03.2025, passed by the Special Judge (SC/ST Act), Raebareli passed in Criminal Misc. Case No. 942 of 2024 - Rahul Kumar Vs. Vivek Singh and 4 Others, Police Station - Inhauna, District - Amethi, whereby the trial Court has rejected the application preferred by the appellant under Section 173(4) of BNSS for registration of first information report. 4. It has been submitted by learned counsel for the appellant that on 09.11.2024, at around 8.00PM, when the appellant alongwith his father - Siyaram and frind Ashish were going home, then accused persons had stopped them by standing in the middle of the road alongwith their vehicle and when the appellant asked them to remove their vehicle they started abusing the appellant and on exhortation of Kanahiya Baksh Singh, Jai Pratap Singh, other accused persons Vivek, Ajay and Naitik started assaulting the appellant and his companions, due to which they received serious injuries. 5. It is further stated that on account of aforesaid incident the appellant's side tried to lodged FIR, but no FIR was lodged and consequently, a complaint under Section 173(4) BNSS was filed on which Police report was called for and according to the said report, the matter was duly inquired and none of the witnesses supported the case of the appellant and even the medical report did not disclose any injuries. 6. It is on the basis of aforesaid material, that the trial Court has
rejected the application moved by the appellant by means of impugned order dated 24.03.2025.
The trial Court while rejecting the complaint, has noticed that the allegations made by the appellant are not believable inasmuch as in case entire road was blocked by the vehicle parked by the accused persons then even the passage for other persons would have also been blocked. No other material to the contrary has come on record. Apart from the above, the trial Court has noticed that though the allegations made by the appellant against accused persons were of causing serious injuries, by assaulting them, but no such injuries were disclosed in the medical report and consequently, the trial Court did not find the complaint to be genuine and bonafide and hence rejected the same. 7. Learned counsel for the appellant has reiterated the aforesaid allegations but has fairly submitted that apart from the medical report there is no other material which can indicate the complicity of the accused persons. Accordingly, there is no other material then what has been considered by the trial Court and this Court do not find any other material available on record which can pursue this Court to take a different view of the matter. 8. After hearing the parties and perusing the record, this Court finds that adequate reasons have been given by the trial Court for disbelieving the allegations levelled by the appellant and in absence of any medical report corroborating the said facts, this Court do not find any infirmity in the impugned order rejecting the application of appellant. 9. Accordingly, present appeal being devoid of merits is dismissed. Order Date :- 29.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench