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2025 DAILYLAW 87327 (ALL)

ALOK KUMAR @ ASHUTOSH SAVITA v. STATE OF U.P. AND ANOTHER

CRLA/7267/2025 · 2025-08-19

Shekhar Kumar Yadav

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:142551 Court No. - 83 Case :- CRIMINAL APPEAL No. - 7267 of 2025 Appellant :- Alok Kumar @ Ashutosh Savita Respondent :- State of U.P. and Another Counsel for Appellant :- Saurabh Sahu,Shashank Maurya 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 quash the Charge- sheet Dated 03-05-2025 being Charge sheet No. 190 of 2025 and cognizance order dated 26-05-2025 as well as summoning Order dated 26-05-2025 passed by learned Special Judge S.C./ST. Act, Auraiya (State Vs. Alok Kumar @ Ashutosh Savita) in SST No. 584 of 2025, arising out of Case Crime No. 136 of 2025, under Sections 115(2), 352, 351 (2) Β.N.S. & Section 3 (1) (द), 3 (1) (ध), 3 (2) (Va) of SC/ST Act, Police Station- Ajeetmal, District- Auraiya, pending in the court of learned Special Judge S.C./ST. Act Auraiya with a further prayer to stay the further proceedings of the aforesaid case. 3. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. The applicant has not committed any offence as alleged in the impugned FIR. He submits that the impugned charge sheet dated 3.5.2025, and cognizance and summoning order dated 26.5.2025 passed by the court of Special Judge SC/ST Act, Auraiya, is totally illegal, perverse and arbitrary in nature and without adopting proper procedure cognizance and summoning orders was passed and the same are liable to be set aside. 4. Per contra, learned A.G.A. opposed the submissions made by learned counsel for the appellant. 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 orders carefully. 6. 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 orders and the appeal deserves to be dismissed. 7. Accordingly, the present appeal stands dismissed. Order Date :- 20.8.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad