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2025 DAILYLAW 94395 (ALL)

MOHIT YADAV AND ANOTHER v. State of U.P. AND ANOTHER

CRLA/8928/2024 · 2025-08-22

Shekhar Kumar Yadav

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:146372 Court No. - 83 Case :- CRIMINAL APPEAL No. - 8928 of 2024 Appellant :- Mohit Yadav And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Ajay Mishra,Shri Krishna Mishra 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 charge sheet No.10 of 2024 dated 27.02.2024 as well as cognizance/summoning order dated 02.03.2024 passed by the learned Special Judge (SC/ST Act), Prayagraj in Special Session Trial No.54 of 2024 (State Vs. Mohit Yadav and others), arising out of Case Crime No.204 of 2023, under Sections 392, 384, 388, 389, 342, 323, 504, 506 and 120B IPC and Section 3(2)V of the SC/ST Act, Police Station Daraganj, District Prayagraj, pending in the court of learned Special Judge, SC/ST Act, Prayagraj. 3. Learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated in the present csae. 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. 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 orders. 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 charge sheet and cognizance orders 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