Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:146366 Court No. - 83 Case :- CRIMINAL APPEAL No. - 8650 of 2024 Appellant :- Pradeep And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Rakesh Pati Tiwari 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 and perused the record.
2. This criminal appeal has been filed by the learned counsel for the appellants under Section 14-A (1) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting aside the order dated 29.03.2024 passed by learned Special Judge (SC/ST Act), Pilibhit in S.S.T. No.418 of 2021 (State Vs. Pradeep Kumar and others), arising out of Case Crime No.60 of 2021, under Sections 452, 354, 323, 504, 506 IPC and Section 3(1)Da), 3(1)Dha, 3(2)(VA) of SC/ST Act, against appellant nos.1 and 2 and under Sections 323, 504, 506 IPC and Section 3(1)Da, 3(1)Dha, 392)(VA) of SC/ST Act, against the appellant nos.3 and 4, Police Station Barkhera, District Pilibhit, pending in the court of Special Judge (SC/ST Act), Pilibhit.
3. Learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated in the present case. The impugned order 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.
4. 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 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 appellants, this Court is of the opinion that there is no illegality or perversity in the impugned order and the appeal deserves to be dismissed.
7. Accordingly, the appeal is dismissed.
Order Date :- 23.8.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad