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2025 DAILYLAW 78356 (ALL)

SABBU AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

CRLA/6565/2025 · 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. - 6565 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the appellants, 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 impugned cognizance order dated 03.05.2025 passed by Special Judge (SC/ST Act) Azamgarh in Special Case No.451 of 2025 arising out of Case Crime No.87 of 2017, under Sections 354Ka, 504, 452 IPC and Section 3(1) Da, 3(1) Dha, 3(1) Ba-1, 3(2) 50Ka of SC/ST Act, Police Station Bilariyaganj, District Azamgarh as well as charges sheet no.94 of 2017 dated 25.06.2017. 3. Submission of learned counsel for the appellants is that the applicants have been falsely implicated in the present case just to pressurize and harass the appellants, in fact, no such incident has taken place. The appellants have never committed any offence as alleged against them. Further submission is that no offence against the appellants is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the appellants. He also pointed out certain documents in support of his contention. 4. Considering the facts and circumstances of the case, the prayer to set aside the impugned cognizance order as mentioned above is hereby refused. 5. At this stage, learned counsel for the appellants submitted that directions may be given to the court below to consider the bail application of the appellants in accordance with law. Versus Counsel for Appellant(s) : Jagadish Prasad Yadav Counsel for Respondent(s) : G.A. Sabbu And 2 Others .....Appellant(s) State of U.P. and Another .....Respondent(s) 6. Considering the facts and circumstances of the case, the present appeal is disposed of with the direction that in case the appellants filed bail application before the court below, the same shall be heard and disposed of expeditiously in accordance with law. 7. With the above observations, this appeal is disposed of finally. September 9, 2025 Ajeet CRLA No. 6565 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad