RAJENDRA RATHORE AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
CRLA/7106/2025 · 2025-08-12
Shekhar Kumar Yadav
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 83559 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83559 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:137813 Court No. - 83 Case :- CRIMINAL APPEAL No. - 7106 of 2025 Appellant :- Rajendra Rathore And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Saurabh Srivastava Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J.
1. Heard Mr. Saurabh Srivastava, 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(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set aside the charge sheet dated 31.08.2024 and cognizance order dated 31.05.2025 passed by Special Judge (S.C./S.T. Act), Kanpur Nagar passed in Session Case No. 846/2025 (State of U.P. Vs. Rajendra Rathore & others) arising out of Case Crime No. 134 of 2024, under Sections 504 I.P.C. read with Section 3(1)(Da) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Kotwali, Kanpur Nagar.
3. Learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated in the present csae. The impugned charge sheet as well as cognizance orders passed by the learned Special Judge SC/ST Act, 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 and have submitted that there is no infirmity or illegality in the impugned orders.
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 and keeping in view the gravity of the offence, evidence, complicity of the accused, specific allegations levelled against the appellants, this Court is of the opinion that there is no illegality or perversity in the impugned charge sheet and cognizance orders and the appeal deserves to be dismissed.
8. Accordingly, the appeal is dismissed.
Order Date :- 13.8.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad