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2025 DAILYLAW 85875 (ALL)

DEEP CHANDRA PRAJAPATI v. STATE OF U.P. AND ANOTHER

CRLA/7103/2025 · 2025-08-12

Shekhar Kumar Yadav

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:137913 Court No. - 83 Case :- CRIMINAL APPEAL No. - 7103 of 2025 Appellant :- Deep Chandra Prajapati Respondent :- State of U.P. and Another Counsel for Appellant :- Pradeep Kumar Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Heard Mr. Pradeep Kumar, learned counsel for the appellant 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 impugned cognizance-cum-summoning order dated 15.2.2025 passed by learned Special Judge SC/ST Act, Mirzapur passed in Special Session Trial No. 133 of 2025 (State Vs. Deep Chandra Prajapati) arising out of Case Crime No. 108 of 2024, under Sections 323, 504, 506, I.P.C. and Section 3 (1) Da, 3 (1) Dha & 3 (2) va, SC/ST Act Police Station- Kotwali Shahar, District- Mirzapur. 3. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the present case. The impugned summoning order passed by the learned Special Judge SC/ST Act, is totally illegal, perverse and arbitrary in nature and is liable to be set aside. 4. Per contra, learned A.G.A. opposed the submissions made by learned counsel for the appellant and have submitted that there is no infirmity or illegality in the impugned order. 5. 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. 6. 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 appellant, 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. 7. Accordingly, the appeal is dismissed. 8. The appellant is directed to appear/surrender before the court below concerned and apply for bail, the same shall be heard and disposed of expeditiously by the court below, in accordance with law. Order Date :- 13.8.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad