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2025 DAILYLAW 147420 (ALL)

RAMPATI GUPTA AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

CRLA/1892/2025 · 2025-07-01

Rajnish Kumar

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36915 Court No. - 12 Case :- CRIMINAL APPEAL No. - 1892 of 2025 Appellant :- Rampati Gupta And 5 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Shiva Nand Pandey,Mithlesh Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Heard, Sri Shiva Nand Pandey, learned counsel for the appellants and learned AGA. The impugned summoning order dated 08.04.2024, passed by the Special Judge SC/ST Act, Sultanpur in S.T. No.429/2024, under Section 323, 504, 506, 34 IPC and 3(1)(da)(Dha) S.C./S.T. Act, P.S. Akhand Nagar, Sultanpur (State versus Rampati and Others) has been challenged on the ground that there is civil dispute between the parties but admittedly the F.I.R. of the same incident occurred on 07.04.2024 has been lodged by the appellant no.2 also, therefore, the criminal proceedings can not be quashed merely on the ground that a civil dispute has been given the colour of criminal because the incident is admitted. This appeal has been filed on misconceived and baseless grounds and it is, accordingly, dismissed. At this stage, learned counsel for the appellants prays for benefit of the order of Hon'ble Supreme Court in the case of Satendra Kumar Antill Vs. Central Bureau of Investigation and Others, 2022 SCC OnLine SC 825. It is needless to say that the appellants may claim the benefit of the judgment passed in Satendra Kumar Antill Vs. Central Bureau of Investigation and Others, 2022 SCC OnLine SC 825, before the concerned court and the concerned court is to consider the same in accordance with law. ...................................................................(Rajnish Kumar, J.) Order Date :- 1.7.2025 Haseen U./Akanksha Sri/- Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench