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2025 DAILYLAW 191544 (ALL)

Tabrez Ali Khan S/O Halim Khan @ Appu and another v. State of U.P. through Secretary Home Department Lucknow AND ANOTHER

CRLA/9128/2024 · 2025-10-13

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 9128 of 2024 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the appellants, learned A.G.A for the State as also perused the record. 2. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set aside the impugned Charge Sheet No.1 of 2023 dated 16.01.2024 as well as impugned summoning order dated 01.08.2024 passed by Special Judge SC/ST Act, Mirzapur in S.S.T. No.946 of 2024 arising out of Case Crime No.352 of 2023, under Sections 323, 504, 506 IPC and Section 3(2)(V-a), 3(1) (r) and 3(1)(s) of SC/ST Act, Police Station Lalganj, District Mirzapur. 3. Submission of learned counsel for the appellants is that the applicants have been falsely implicated in the present case just to pressurize and harass the appellants, in fact, no such incident has taken place. The appellants have never committed any offence as alleged against them. Further submission is that no offence against the appellants is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the appellants. He also pointed out certain documents in support of his contention. 4. Considering the facts and circumstances of the case, the prayer to set aside the impugned summoning order as mentioned above is hereby refused. 5. At this stage, learned counsel for the appellants submitted that directions may be given to the court below to consider the bail application of the appellants in accordance with law. Versus Counsel for Appellant(s) : Mohd. Shahanshah Khan Counsel for Respondent(s) : G.A. Tabrez Ali Khan S/O Halim Khan @ Appu And Another .....Appellant(s) State Of U.P. Through Secretary Home Department Lucknow And Another .....Respondent(s) 6. Considering the facts and circumstances of the case, the present appeal is disposed of with the direction that in case the appellants filed bail application before the court below, the same shall be heard and disposed of expeditiously in accordance with law. 7. With the above observations, this appeal is disposed of finally. October 14, 2025 Ajeet CRLA No. 9128 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad