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2025 DAILYLAW 72245 (ALL)

SUDHEER KUMAR DIWAKAR v. State of U.P. AND 8 OTHERS

CRLA/6598/2024 · 2025-10-06

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. - 6598 of 2024 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 01.07.2023 passed by Special Judge (SC/ST Act)/IInd Additional District and Session Judge, Farrukhabad in Criminal Misc. Case No.204 o f 2023 whereby the application under Section 156 (3) Cr.P.C. filed by the appellant was rejected. 2. Heard learned counsel for the appellant, the learned AGA for the State- respondent and perused the entire record. 3. Learned counsel for the appellant submits that the appellant has filed an application under Section 156(3) Cr.P.C. alleging therein that respondent nos.2 to 9, who are police personnel, have assaulted the appellant and also abused him by caste related words. He further submits that it is a case of criminal assault, therefore, registration of FIR for criminal assault is necessary but the court below while dismissing the application of the appellant has not applied its judicial mind and dismissed his application in a routine manner. 4. Per contra, learned AGA vehemently opposed and has submitted that the respondent nos.2 to 9 are police personnel. The appellant is having long criminal antecedents. The court below has rightly rejected the application of the appellant. 5. The court below while rejecting the application of the appellant found no cognizable offence against the respondent nos.2 to 9. Court below has Versus Counsel for Appellant(s) : Aqueel Ahmad, Om Prakash Ratnakar, Virendra Gupta Counsel for Respondent(s) : G.A. Sudheer Kumar Diwakar .....Appellant(s) State Of U.P. And 8 Others .....Respondent(s) clearly observed that the ground put forth in the application are not credible and whatever action has been taken against the appellant was done under their respective duties and responsibilities against which the appellant has a right to take judicial and administration action. 6. 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. October 7, 2025 Ajeet CRLA No. 6598 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad