GULABI DEVI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
CRLA/7294/2025 · 2025-08-19
Shekhar Kumar Yadav
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 82941 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82941 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:142524 Court No. - 83 Case :- CRIMINAL APPEAL No. - 7294 of 2025 Appellant :- Gulabi Devi And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Jaya Nath Patel,Munna Babu Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J.
1. Heard learned counsel for the appellants and learned A.G.A for the State as well as perused the record.
2. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set aside the impugned summoning order dated 04.03.2025 passed by the Special Judge, SC/ST Act, Jaunpur in Special Session Trial No. 80 of 2025 (State Vs. Gulabi Devi and Others), arising out of Case Crime No. 0357 of 2024, under Sections- 115(2), 352 of B.N.S. & Section 3 (2) (va) of SC/ST Act, Police Station- Machhlisahar, District- Jaunpur.
3. As per prosecution story, due to old enmity, appellants who are neighbours of the informant started abusing language and beaten to the informant and when her son Ajay Saroj and Raju Saroj came to rescue her, all the accused-appellants also given abusive language and committed marpeet with them.
4. Learned counsel for the appellants submits that the appellants have been falsely implicated in the present case. The applicants have not committed any offence as alleged in the impugned FIR. He submits that the impugned summoning order dated 4.3.2025 passed by the court of Special Judge SC/ST Act, Jaunpur, is totally illegal, perverse and arbitrary in nature and without adopting proper procedure summoning order was passed and the same are liable to be set aside.
5. Per contra, learned A.G.A. opposed the submissions made by learned counsel for the appellants.
6. I have considered the rival submissions made by the
learned counsel for the parties and have gone through the entire record including the impugned order carefully.
7. Having regard to the facts and circumstances of the case, this Court is of the opinion that there is no illegality or perversity in the impugned summoning order and the appeal deserves to be dismissed.
8. Accordingly, the present appeal stands dismissed.
9. After passing of the aforesaid order, learned counsel for the appellants submits that the appellants may be permitted to move discharge application as well as regular bail before the court below and the same may be decided by the court below in accordance with law.
10. Considering the alternative prayer made by learned counsel for the appellants, the present appeal is dismissed with the direction that in case the appellants filed discharge application as well as regular bail application before the court below, the same shall be heard and decided by the court below expeditiously in accordance with law.
Order Date :- 20.8.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad