RAMANAND YADAV AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
CRLA/4868/2025 · 2025-09-03
Shekhar Kumar Yadav
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 61501 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61501 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4868 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J.
1. Heard Sri Amit Kumar Verma, learned counsel for the appellants and learned AGA appearing on behalf of the State as well as 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 judgment and order dated 25.04.2025 passed by the Additional Sessions Judge/ Special Judge ( SC/ST Act), Basti rejecting the Application under Section 311 Cr.P.C. filed by the appellants in Complaint Case No.47 of 2018 (Smt. Saroj Vs. Ramanand and others), under Sections 147, 148, 452, 354, 323, 427, 504, 506 I.P.C. and Section 3(1) (11) of the SC/ST Act, Police Station Kotwali, District Basti whereby the application filed under Section 311 Cr.P.C. has been rejected by the court below.
3. Learned counsel for the appellants submits that the appellants are innocent, they have not committed the alleged offence. He further submits that the impugned order passed by the court below is wholly illegal, arbitrary and is also violative of principle of natural justice as before passing the same no opportunity of hearing has been provided to the appellants, as such the same is liable to be quashed.
4. To the contrary, learned A.G.A. has supported the impugned order.
5. I have gone through the impugned order and found that the conclusions noted by the trial Court, while deciding the application filed under Section 311 Cr.P.C., are appropriate and just. Trial court has returned a finding that the prosecution has furnished all its witnesses and they do not wish to give further evidence and the present case relates to complaint case and the accused has no right to ask the prosecution to produce further witnesses in evidence.
6. Accordingly, the present criminal appeal lacks merit and is hereby dismissed. September 4, 2025 Krishna* Versus Counsel for Appellant(s) : Amit Kumar Verma Counsel for Respondent(s) : G.A. (Shekhar Kumar Yadav,J.) Ramanand Yadav And 5 Others .....Appellant(s) State of U.P. and Another .....Respondent(s) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad