MADANPAL @ MADAN SINGH v. STATE OF U.P. AND 6 OTHERS
CRLA/5227/2024 · 2025-08-31
Shekhar Kumar Yadav
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 65893 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65893 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 5227 of 2024 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J.
1. Heard Mr. Shiva Shanker Yadav, learned counsel for the appellant, learned A.G.A for the State as also perused the record.
2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set aside the order dated 29.04.2024 passed by Special Judge SC/ST Act, Bijnor whereby the court below rejected the application of the appellant under Section 156 (3) Cr.P.C.
3. Learned counsel for the appellant submits that the appellant has filed an application under Section 156(3) Cr.P.C. alleging therein that on 15.03.2024, the opposite party nos.4 to 7 visited the agricultural land of the appellant and destroyed his crops and when the son and daughter-in- law of the appellant have tried to restrain them, the opposite party nos.4 to 7 outrage her modesty by using criminal force. He further submits that prima face the offence is made out against the opposite party nos.4 to 7 but the court below without considering above aspects as well as without applying his judicial mind has rejected the application of the appellant in a routine manner. He further submits that at the time of passing the impugned order, the learned court below has completely overlooked the grievousness of the allegation made in the application under Section 156 (3) Cr.P.C. and passed the impugned order, hence, the same is liable to be set aside.
4. Per contra, learned AGA vehemently opposed and has submitted that Versus Counsel for Appellant(s) : Shiva Shanker Yadav Counsel for Respondent(s) : G.A. Madanpal @ Madan Singh .....Appellant(s) State Of U.P. And 6 Others .....Respondent(s)
the dispute is purely civil in nature but the appellant has tried to give criminal colour just to create pressure upon the opposite party nos.4 to 7. The court below has rightly rejected the application of the appellant.
5. I have considered the arguments advanced on behalf of the parties and perused the impugned order passed by the court below. I find no irregularity, illegality or jurisdictional error in the order impugned. The appeal lacks merit and is, accordingly, dismissed. September 1, 2025 Ajeet CRLA No. 5227 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad