HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 9167 of 2024 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the appellant, learned A.G.A for the State, learned counsel for the respondent no.2 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 summoning order dated 20.09.2023 passed by Special Judge SC/ST Act, Jalaun at Orai in Complaint Case No.43 of 2019 (Special Session Trial No.47 of 2023), under Sections 328 and 304 IPC and Section 3(2)(v) of SC/ST Act (P.A.) Act, Police Station Rampura, District Jalaun. 3. Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case just to pressurize and harass the appellant, in fact, no such incident has taken place. The applicant has never committed any offence as alleged against him. Initially the impugned FIR has been lodged against four accused person. During investigation, no credible evidence was found against the appellant, hence, final report was submitted on 23.05.2015. Being aggrieved, the respondent no.2 filed protest petition on 28.01.2017 i.e. after lapse of about 2 years which was treated as complaint case and on the basis of statement of complainant and witnesses under Sections 200 and 202 Cr.P.C. the court below has summoned the appellant to face trial. Further submission is that another co-accused Vimal Kumar has approached this Court by filing Criminal Appeal No.11782 of 2023 which was disposed of vide order dated 27.08.2024 directing the court below to conclude the trial within 12 months and appellant shall cooperate in trial concerned for expeditious disposal of said complaint case and till Versus Counsel for Appellant(s) : Khushboo Mathur, Rakesh Kumar Mathur Counsel for Respondent(s) : G.A., Sushil Kumar Ram Sajeewan Dubey .....Appellant(s) State of U.P. and Another .....Respondent(s) pendency of the above complaint case, no coercive action shall be taken against him. Further submission is that after a lapse of provided period given by this Court, trial is still going on. Further submission is that no offence against the appellant is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the appellant. He also pointed out certain documents in support of his contention. 4. Per contra, the learned AGA pointed out that summons has already been issued against the appellant on 20.09.2023 and til date appellant has not appeared before the court below and still absconding and not cooperating in the trial. There is no infirmity or illegality in the impugned order warranting interference by this Court. Hence, the appeal having no force is liable to be dismissed. 5. I have heard learned counsel for the parties and gone through the impugned order. The impugned order passed by the court below is well in conformity in law and does not suffer from error of illegality, irregularity and warrant any interference by this Court. 5. The appeal is without merit and is hereby dismissed. October 14, 2025 Ajeet CRLA No. 9167 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad