HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 10826 of 2025 Court No. - 51 HON'BLE MADAN PAL SINGH, J. Heard Sri Pradeep Kumar, learned counsel for the appellants, Sri Sunil Kumar Verma, learned counsel for opposite party no. 2, and the learned A.G.A. for the State, and perused the record. 1. Learned counsel for the appellants submits that the prosecution is wholly false, motivated, and an abuse of the process of law, and that a plain reading of the First Information Report dated 29.09.2023 demonstrates that specific allegations of assault are levelled only against appellant no. 1, Amit Kumar Vishwakarma, who is alleged to have caused injury on the head of the informant by means of an iron rod/hammer, while a vague and general allegation of exhortation is attributed to appellant no. 4, Usha Devi. It is further contended that no specific, distinct, or overt act has been assigned to appellant nos. 2 and 3, namely Guddu @ Pramila and Sarita, whose names have been merely mentioned in a casual and omnibus manner without any clear role in the alleged occurrence. Even as per the FIR version, the act of causing injury is confined to appellant no. 1 alone, and thus their implication appears to be due to exaggeration and prior enmity. It is argued that, in the absence of specific allegations, particularly in offences under the I.P.C. and the SC/ST Act, continuation of proceedings against appellant nos. 2 and 3 is legally unsustainable; however, the court below has failed to appreciate this material aspect and has mechanically taken cognizance against all the appellants, rendering the impugned order liable to be set aside to that extent. 2. Versus Counsel for Appellant(s) : Ishwar Prasad Singh, Pradeep Kumar Counsel for Respondent(s) : G.A., Sunil Kumar Verma Amit Kumar Vishwakarma And 3 Others .....Appellant(s) State of U.P. and Another .....Respondent(s) Learned A.G.A. prays for and is granted three weeks’ time to file a counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. 3. List thereafter. 4. Till the next date of listing, no coercive steps shall be taken against appellant nos. 2 and 3 (Guddu @ Pramila and Sarita) in pursuance of Criminal Case No. 916 of 2024, arising out of Case Crime No. 311 of 2023, under Sections 147, 308, 504, 506 I.P.C. and Section 3(1)(Da), 3(1)(Dha), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Kotwali Nagar, District Basti. 5. April 22, 2026 pks CRLA No. 10826 of 2025 2 (Madan Pal Singh,J.) Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad