RAM RAJ @ HANAI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
CRLA/2806/2025 · 2025-09-16
Shree Prakash Singh
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 161828 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161828 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2806 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record. 2. The instant appeal has been filed with prayer to set-aside the entire proceeding as well as impugned order dated 23.06.2025 passed by the learned Special Judge (S.C/S.T Act) District : Barabanki, in Sessions Case No. 872 of 2023, Krishnawati V/s Ramsagar Yadav @ Patte and Anr., Under Sections- 504,506,376(D) Indian Penal Code and Section- 3 (2)(v) Sc/St Act, relating to Police Station : Asandra, District- Barabanki. 3. Learned counsel appearing for the appellants submits that there is no evidence at all against the appellants and only on the basis of statement recorded by the police under Section 161 of Cr.P.C., the whole proceeding has been initiated and charge-sheet has been filed. He added that the criminal proceedings against the present appellants is nothing but harassment. 4. On the other hand, learned counsel appearing for the State has opposed the contention aforesaid and submits that there is no abuse of process of law and only factual matrix has been agitated before this Court and that could not be gone into at this stage, invoking the jurisdiction under Section 482 Cr.P.C. and thus the appeal is liable to be dismissed. 5. After the argument at length, learned counsel for the appellants submits Versus Counsel for Appellant(s) : Rajesh Kumar, Suhail Kashif Counsel for Respondent(s) : G.A. Ram Raj @ Hanai And Another .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Respondent(s)
that interest of justice would be sub-served, if this Court directs the court below to permit the appellants to appear before the court below and file an application of discharge. He further submits that the court below may be directed to decide the discharge application within stipulated period of time, as may be fixed by this Court. 6. Learned AGA for the State has no objection to the aforesaid submission. 7. In view of aforesaid, the appellants are permitted to file an application for discharge before the court below within a period of two weeks from today and if such an application is filed, the same shall be decided within a further period of 60 days, strictly in accordance with law. 8.
With the aforesaid observation, the appeal is disposed of. September 16, 2025 V. Sinha CRLA No. 2806 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench