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2026 DAILYLAW 11452 (ALL)

KOMAL @ KANHAIYA AND 2 OTHERS v. STATE OF U.P.

CRLA/6962/2026 · 2026-09-28

Abdul Shahid

Criminal Appealbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 6962 of 2026 Court No. - 90 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the appellant, learned counsel for opposite party no. 2/first informant, and learned A.G.A. for the State. 2. The present appeal has been filed against the impugned summoning order dated 23.05.2026 passed by the learned Special Judge, SC/ST Act, Bulandshahr in Sessions Case No. 1936 of 2026 (State v. Komal @ Kanhaiya and others), arising out of Case Crime No. 483 of 2025, under Sections 191(2), 115(2), and 352 B.N.S., and Sections 3(1)(da), 3(1)(dha), and 3(2)(va) of the SC/ST (P.A.) Act, Police Station Khurja Dehat, District Bulandshahr. 3. The genesis of the case is that the F.I.R. was registered under Sections 191(2), 74, 115(2), and 352 B.N.S., Section 7/8 of the POCSO Act, and Section 3(2)(va) of the SC/ST Act. The complainant filed the F.I.R. against six accused persons, namely, Vikas, Devesh, Komal, Chhaviram, Jeetan, and Vishal. After investigation, the charge sheet was filed under Sections 191(2), 115(2), and 352 B.N.S., and Sections 3(1)(da), 3(1)(dha), and 3(2)(va) of the SC/ST Act. 4. No offence under Section 7/8 of the POCSO Act was found; hence, it was dropped. The charge sheet was filed against (1) Komal, (2) Jeetan alias Jitendra, and (3) Vishal, whereas the juveniles Vikas, Devesh, and Chhaviram were referred to the Juvenile Justice Board, Bulandshahr. 5. According to the medical report, the victim suffered a lacerated wound of 1.5 cm x 2.5 cm x specified over right which is 7 cm from right ear. She also Versus Counsel for Appellant(s) : Sanjay Yadav, Satya Prakash Singh Counsel for Respondent(s) : G.A., Shashi Prakash Pandey, Shubham Pandey Komal @ Kanhaiya And 2 Others .....Appellant(s) State of U.P. .....Respondent(s) complained of pain in her right shoulder, though no visible injury mark was found. An internal examination report of the victim is also on record. The statements of the complainant and the victim were recorded under Section 180 B.N.S.S., and subsequently, the victim's statement was recorded under Section 183 B.N.S.S. 6. Learned counsel for the appellant submitted that there are serious contradictions and improvements in the statements of the victim and other witnesses recorded under Sections 180 and 183 B.N.S.S. 7. However, the investigation has been completed and the charge sheet has been filed. A detailed and minute appreciation of the facts can only be done by the learned trial court at the stage of trial. At this stage, no prima facie case for quashing the proceedings has been made out. 8. In view thereof, the present appeal is liable to be dismissed and is dismissed accordingly. September 29, 2026 K.K. Maurya CRLA No. 6962 of 2026 2 (Abdul Shahid,J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad