RAM ABHILASH PRAJAPATI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
CRLA/7380/2025 · 2025-08-21
Shekhar Kumar Yadav
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 85916 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85916 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:144659 Court No. - 83 Case :- CRIMINAL APPEAL No. - 7380 of 2025 Appellant :- Ram Abhilash Prajapati And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Om Prakash Prajapati,Saurabh Srivastava,Sudhesh Kumar 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 cognizance order dated 25.09.2023 passed by learned court of Special Judge (SC/ST Act), Prayagraj, District Prayagraj in Special Session Trial No. 467 of 2023 and also the charge sheet no. 473/2022 dated 29.12.2022 arising out of Case Crime No. 0555 of 2022, under Sections 323, 504, 506 I.P.C. and 3(2)(va) of SC/ST Act, Police Station- Jhunsi, District- Prayagraj with a further prayer to quash the entire proceeding of Special Session Trial No. 467 of 2023 (State Vs. Ram Abhilash Prajapati and others) as well as stay the further proceeding of aforesaid Special Session Trial case.
3. As per prosecution story, on 28.10.22 at about 10 a.m., accused/appellants came to informant's doorstep and were asking whether bricks are kept on the land and have you made a boundary. It is alleged that they attacked upon him with sticks and a spear and also abused him with the caste words and threatened to kill him saying that they will kill him. It is also alleged that in the alleged incident, the informant has received serious injuries.
4. Learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated in the present case. 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 :- 22.8.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad