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2025 DAILYLAW 150525 (ALL)

BHOJRAJ URF BHOGRAJ v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLA/2115/2025 · 2025-07-18

Rajnish Kumar

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41155 Court No. - 12 Case :- CRIMINAL APPEAL No. - 2115 of 2025 Appellant :- Bhojraj Urf Bhograj Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Appellant :- Hari Narayan Singh Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Heard, Shri H.N.Singh, learned counsel for the appellant and learned AGA. This criminal appeal has been filed assailing the judgment and order dated 10.06.2025 passed in Complaint Case No.254 of 2023; Bhojraj urf Bhograj Vs. Ram Swaroop and others by the Special Judge, SC/ST (PA) Act, District-Hardoi by means of which the application filed by the appellant under Section 156(3) Cr.P.C., after treating as complaint and recording the statements under Section 200 Cr.P.C. and 202 Cr.P.C. has been dismissed. While rejecting the complaint under Section 203 Cr.P.C. now under Section 226 of BNSS the impugned order has been passed assigning six reasons for rejecting the complaint, which indicate that there is material contradiction in the statement of the appellant under Section 200 Cr.P.C. and the evidence of P.W.-1 and P.W.2 under Section 202 Cr.P.C. In the complaint he has made the allegation against three persons, but in his statement the name of only one person has been taken. It has also been pointed out that the allegation is that the son of the complainant was beaten by the accuseds, but in the statement he stated that he was beaten. No contrary material or evidence has been shown which may create any doubt about the findings recorded by the court below or on account of which the contrary view may be taken by this court. The appeal has been filed on misconceived and baseless grounds. The criminal appeal is, accordingly, dismissed. . ............................................(Rajnish Kumar,J.) Order Date :- 18.7.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench