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2025 DAILYLAW 64671 (ALL)

SHIVDHARI YADAV v. STATE OF U.P. AND ANOTHER

CRLA/12499/2023 · 2025-09-14

Shekhar Kumar Yadav

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 12499 of 2023 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. Heard learned counsel for the appellant learned A.G.A. for the State and perused the record. This application has been filed for quashing of the summoning order dated 14.07.2022 passed by Special Judge (SC/ST Act), Varanasi in Complaint Case No. 02 of 2020, under sections 452, 323, 504, 304 IPC and section 3(2)(5) SC/ST Act, P.S. Kapsethi, District Varanasi. On perusal of the record, the Court finds that the allegations made in the complaint disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation and court has taken the cognizance.Therefore, prayer for quashing the entire proceedings as well as cognizance order stand refused. At this stage, in case appellant appears before the court below within 30 days from today and applies for bail, the same shall be heard and disposed of in accordance with law. With this direction, this appeal is disposed of. September 15, 2025 RPD Versus Counsel for Appellant(s) : Sanjeev Kumar Asthana Counsel for Respondent(s) : Anand Kumar Srivastava, G.A. (Shekhar Kumar Yadav,J.) Shivdhari Yadav .....Appellant(s) State of U.P. and Another .....Respondent(s) Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad