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2025 DAILYLAW 77729 (ALL)

SHIVANI SRIVAS v. STATE OF U.P. AND 3 OTHERS

CRLA/7501/2024 · 2025-09-08

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. - 7501 of 2024 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard Mr. Awadhesh Prasad, learned counsel for the appellant and learned A.G.A. for the State as well as perused the record. 2. This Criminal Appeal under Section 14-A(1) of the SC/ST (Prevention of Atrocities) Act has been filed by the appellant for setting-aside the impugned judgment and order dated 24.04.2024 passed by Special Judge (S.C./S.T.) (Prevention of Atrocities) Act, Jhansi in Complaint Case No.67 of 2023 (Shivani Vs. Rohit Rajput and others) under Sections 363, 366, 376 (D) I.P.C., 3 (1) द (ध) of S.C./S.T. Act, P.S.- Mauranipur, District- Jhansi, whereby the complaint of the applicant has been dismissed, under Section 203 of Cr.P.C. 3. Learned counsel for the appellant argued that the court below has failed to appreciate facts and law placed before it. It is further submitted that the appellant is complainant in the present case and she has filed a complaint on which the trial court recorded t he statement of the complainant as well as her witnesses under Sections 200/202 Cr.P.C. wherein they have supported the contents of the complaint, even then the complaint filed by the appellant has been dismissed. Hence, this Criminal appeal, with above, prayer, for setting aside impugned order and, thereby, directing court below for proceeding in accordance with law. 4. Learned AGA, representing State of U.P., has vehemently opposed the prayer. It is submitted that court below has rightly dismissed the complaint. As such, court below has neither committed a jurisdictional error in passing the order impugned nor it has exercised it's jurisdiction with material Versus Counsel for Appellant(s) : Awadhesh Prasad Counsel for Respondent(s) : G.A. Shivani Srivas .....Appellant(s) State Of U.P. And 3 Others .....Respondent(s) irregularity warranting interference by this Court. 5. I have gone through the the impugned order. The Court below has returned a finding that on going through the complaint and the statements recorded under Section 200/202 Cr.P.C. there are material contradictions and there exist no ground to summon the accused on the alleged facts and circumstances of the case, hence no case for summoning the accused is made out. 6. In view of the above, this Criminal appeal, being devoid of merits, deserves to be dismissed and it stands dismissed accordingly. September 9, 2025 Krishna* CRLA No. 7501 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad