Neutral Citation No. - 2025:AHC:144959 Court No. - 83 Case :- CRIMINAL APPEAL No. - 7389 of 2025 Appellant :- Chhotelal Alias Tilla Respondent :- State of U.P. and Another Counsel for Appellant :- Akhilendra Yadav,Sudhanshu Gupta Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Heard 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(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set aside the summoning order dated 11.10.2024 as well as entire proceedings of Sessions Trial No.2270 of 2024 (State Vs. Vikas and others) arising out of Case Crime No.528 of 2024, under Sections 70(1), 333, 352, 351(3) BNS and Section 3(2)v of SC/ST Act, Police Station- Uttar, District- Firozabad, pending in the Court of Special Judge, SC/ST Act, Firozabad with a further prayer to stay the further proceeding of the aforesaid case. 3. As per prosecution story, the informant was a widow lady having kids. On 28.7.2024 at about 7.00 p.m. named accused persons forcefully entered into her house and rape was committed with her by accused/appellants Vikas and Tilla and she was also threatened for life and the threatening continued on 4.8.2024 as well by the co-accused-appellant Vikas Yadav. 4. Learned counsel for the appellant submits that the appellant is innocent and have been falsely implicated in the present case. He submits that the alleged incident have taken place from 27.7.2024 to 4.8.2024 and the FIR was lodged on 14.8.2024. There is no explanation of delay in filing the FIR. There are major contradiction in the statements of the victim recorded under Sections 180 & 183 Cr.P.C.. There is no independent witness of the alleged incident. He further submits that investigating officer has not properly investigated the matter and submitted charge sheet on 30.9.2024 against the appellant. 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 appellant and have submitted that there is no infirmity or illegality in the impugned order. 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 appellant, 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 :- 22.8.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad