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2025 DAILYLAW 96160 (ALL)

ABHISHEK SINGH v. STATE OF U.P. AND ANOTHER

CRLA/8311/2025 · 2025-09-15

Shekhar Kumar Yadav

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8311 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the appellant, learned A.G.A for the State as also perused the record. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set aside the impugned summoning order dated 05.07.2025 passed by Special Judge SC/ST Act, Saharanpur as well as entire criminal proceedings of CNR No. UPSP010098132023 (Final Report No.1876 of 2023) arising out of Case Crime No.27 of 2023, under Sections 323, 504, 506 IPC and 3(1) Da, 3(1) Dha and 3(2)(Va) of SC/ST Act, Police Station Biharigarh, District Saharanpur. 3. Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case just to pressurize and harass the appellant, in fact, no such incident has taken place. The applicant has never committed any offence as alleged against him. Further submission is that no offence against the appellant is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the appellant. He also pointed out certain documents in support of his contention. 4. Considering the facts and circumstances of the case, the prayer to set aside the impugned summoning order as mentioned above is hereby refused. 5. At this stage, learned counsel for the appellant submitted that directions may be given to the court below to consider the bail application of the appellant in accordance with law. Versus Counsel for Appellant(s) : Manoj Kumar Mishra Counsel for Respondent(s) : G.A. Abhishek Singh .....Appellant(s) State of U.P. and Another .....Respondent(s) 6. Considering the facts and circumstances of the case, the present appeal is disposed of with the direction that in case the appellant filed bail application before the court below within 30 days from today, the same shall be heard and disposed of expeditiously in accordance with law. 7. For a period of 30 days, no coercive action shall be taken against the appellant. 8. With the above observations, this appeal is disposed of finally. September 16, 2025 Ajeet CRLA No. 8311 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad