RAM ASRE v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
CRLA/2056/2025 · 2025-07-10
Rajnish Kumar
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 149826 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149826 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39236 Court No. - 12 Case :- CRIMINAL APPEAL No. - 2056 of 2025 Appellant :- Ram Asre Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Chandra Bhanu Singh,Rajesh Kumar Gupta Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J.
1. Heard, Shri Rajesh Kumar Gupta, learned counsel for the appellant and learned Additional Government Advocate for the State.
2. This appeal has been filed challenging the order dated 18.06.2025 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Lucknow, in Sessions Case No.1929 of 2024 (Ram Asre Vs. Harishchandra,), Police Station- Kakori, District- Lucknow.
3. The submission of learned counsel for the appellant is that the respondent no.2, showing the plot, which was in the name of somebody else, got a cheque of Rs.2,00,000/- and cash of Rs.1,00,000/- from the appellant and when the appellant demanded the money paid, respondent no.2 declined to pay the same and used abusive language and made casteist remarks, whereas there was a compromise between the appellant and the respondent no.2 on 19.10.2022, according to which, the respondent no.2 agreed to return the money but without considering it the learned Special Judge, dismissed the complaint, which was registered on an application filed by the appellant under Section 156 (3) of the Code of Criminal Procedure, 1973, therefore, the appellant is constrained to approach the court.
4. Learned A.G.A. opposed the submission of learned counsel for the appellant.
5. Having considered the submissions of learned counsel for the parties and on perusal of records, the dispute is of civil nature on the ground of which the complaint has been dismissed by the learned Special Judge. This Court does not find any illegality or error in the impugned order. because there is contradiction between the appellant's statement recorded under
Section 200 of the Code of Criminal Procedure, 1973, and the terms of the alleged compromise because as per the appellant's statement, the money was got transferred through a cheque, whereas as per the compromise, the money was transferred through R.T.G.S.
6. The appeal has been filed on misconceived and baseless grounds. It is, accordingly, dismissed. ...................................................................(Rajnish Kumar, J.) Order Date :- 10.7.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench