SHIVAM KUMAR KUSHWAHA AND ANOTHER v. STATE OF U.P. AND ANOTHER
CRLA/8635/2025 · 2025-09-23
Shekhar Kumar Yadav
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 97444 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 97444 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8635 of 2025
Court No. - 83
HON'BLE SHEKHAR KUMAR YADAV, J.
1. Mr. Sudhir Kand Dixit, learned counsel for the appellants and learned A.G.A. for the State-respondent are present.
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 summoning order dated 26.11.2024 passed by the learned Additional District & Session Judge/Special Judge (S.C./S.T. Act) Jalaun at Orai in Case No. 61/2024 (Smt. Aruna Bhaskar Vs. Shivam Kumar Kushwaha and another), S.S.T. No. 72/2024, under Sections 406, 506 I.P.C. & Section 3(2)(Va) S.C./S.T Act, Police Station- Kotawali Orai, District- Jalaun, which is pending in the Court of learned Additional District & Session Judge/Special Judge (S.C./S.T. Act) Jalaun.
3. It is pointed out by learned A.G.A. that earlier, appellant no. 1 had already filed Criminal Appeal No. 760 of 2025 (Shivam Kumar Kushwaha Vs. State of U.P. & another) before this Court, challenging the very same summoning order dated 26.11.2024, which is still pending consideration. Filing another appeal for the same relief is impermissible in law.
4. Accordingly, the present application is dismissed.
5. Since the present appeal has been filed through a lawyer, it was expected that due care would have been taken to avoid filing Versus Counsel for Appellant(s) : Sudhir Kant Dixit Counsel for Respondent(s) : G.A. Shivam Kumar Kushwaha And Another .....Appellant(s) State of U.P. and Another .....Respondent(s)
multiple appeals against the same impugned order. Counsel should have exercised caution and ensured that two appeals for the same relief were not moved simultaneously.
September 24, 2025 Krishna*
CRLA No. 8635 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad