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2025 DAILYLAW 97396 (ALL)

RAHUL CHAUDHARI v. STATE OF U.P. AND 8 OTHERS

CRLA/8624/2025 · 2025-09-23

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. - 8624 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. Heard learned counsel for the appellant, learned A.G.A. and perused the record. This Criminal has been filed with a prayer to set aside/modify the order dated 08.08.202 passed by Special Jude (SC/ST Act), Jaunpur in Complaint Case No. 108 of 2025 (Rahul Chaudhari Vs. Deepak), P.S. Badlapur, District Jaunpur. . It is submitted by learned counsel for the appellant that the application filed under section 156(3) Cr.P.C. is treated as a complaint. On the other hand, learned A.G.A. for the State has submitted that the decision from October 17, 2022, in the case of Naresh Kumar Valmiki vs. State of U.P. and others, which was on an application under Section 482 of the Criminal Procedure Code (Cr. P.C.), established that a Special Judge under the SC/ST Act can treat an application filed under Section 156(3) Cr. P.C. as a complaint case. This ruling clarified that the court has the judicial discretion to proceed with such applications as complaints, overruling prior judgments that held they could not be treated as such. The appeal has no force and is accordingly dismissed. September 24, 2025 RPD Versus Counsel for Appellant(s) : Kailash Nath Singh Counsel for Respondent(s) : G.A. (Shekhar Kumar Yadav,J.) Rahul Chaudhari .....Appellant(s) State Of U.P. And 8 Others .....Respondent(s) Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad