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2025 DAILYLAW 96767 (ALL)

KIRAN v. STATE OF U.P. AND 10 OTHERS

CRLA/8365/2025 · 2025-09-16

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. - 8365 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard Mr. Bijay Singh Sachan, learned counsel for the appellant and learned A.G.A. for the State as well as perused the record. 2. This Criminal Appeal under Section 14-A(1) of the SC/ST (Prevention of Atrocities) Act has been filed by the appellant for setting-aside the impugned judgment and order dated 18.06.2025 passed by learned Special Judge SC/ST Act, Kanpur Nagar in Complaint Case No. 694/2024 (Kiran Vs. Mohit and others), Police Station- Juhi, District- Kanpur Nagar where complaint of the appellant has been rejected by the learned Special Judge SC/ST Act, Kanpur Nagar, under Section 203 Cr.P.C./226 B.N.S.S.-2023. 3. Learned counsel for the appellant argued that the court below has failed to appreciate facts and law placed before it. It is further submitted that the appellant is complainant in the present case and he has filed a complaint on which the trial court recorded t he statement of the complainant under Sections 200 Cr.P.C. wherein he has supported the contents of the complaint, even then the complaint filed by the appellant has been dismissed. Hence, this Criminal appeal, with above, prayer, for setting aside impugned order and, thereby, directing court below for proceeding in accordance with law. 4. Learned AGA, representing State of U.P., has vehemently opposed the prayer. It is submitted that court below has rightly dismissed the complaint. As such, court below has neither committed a jurisdictional Versus Counsel for Appellant(s) : Bijay Singh Sachan Counsel for Respondent(s) : G.A. Kiran .....Appellant(s) State Of U.P. And 10 Others .....Respondent(s) error in passing the order impugned nor it has exercised it's jurisdiction with material irregularity warranting interference by this Court. 5. I have gone through the the impugned order. The Court below has returned a finding that on going through the complaint and the statements recorded under Section 200 Cr.P.C., there exist no ground to summon the accused on the alleged facts and circumstances of the case, hence no case for summoning the accused is made out. 6. In view of the above, this Criminal appeal, being devoid of merits, deserves to be dismissed and it stands dismissed accordingly at this stage. September 17, 2025 Krishna* CRLA No. 8365 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad