Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 674 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J.
1. Heard learned counsel for the appellant, learned counsel for the respondent no. 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 impugned order dated 06.11.2024 passed by learned Additional Sessions Judge/Special Judge (SC/ST Act), Baghpat in Complaint Case No.14 of 2024 (Smt. Sushma Versus Harun), Police Station- Binauli, District- Baghpat whereby the court below refused to summon the respondent no.2 to face criminal trial. 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 she has filed a complaint on which the trial court recorded the statement of the complainant as well as her witnesses under Sections 200/202 Cr.P.C. wherein they have 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 error in passing the order impugned nor it has exercised it's jurisdiction Versus Counsel for Appellant(s) : Mayank Yadav, Vivek Kumar Singh Counsel for Respondent(s) : G.A., Surya Bhan Singh Smt. Sushma .....Appellant(s) State of U.P. and Another .....Respondent(s)
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 200/202 Cr.P.C. there are material contradictions and 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.
September 10, 2025 Krishna* CRLA No. 674 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad