Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 1704 (ALL)

URMILA DEVI v. STATE OF U.P. AND 3 OTHERS

CRLA/4876/2026 · 2026-05-17

Madan Pal Singh

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4876 of 2026 Court No. - 51 HON'BLE MADAN PAL SINGH, J. 1. Heard learned counsel for the appellant, learned counsel for opposite party no.2 and learned A.G.A. for the State. 2. The present criminal appeal under Section 14-A (1) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant to quash the order dated 17th April, 2025 passed by the Special Judge (S.C./S.T. Act), Sonbhadra in Criminal Misc. Application No. 119 of 2025 (Urmila Vs. Shubham Pandey & Others), Police Station- Robertsganj, District-Sonbhadra, whereby the application filed by opposite party no.2 under Section 173 (4) of B.S.S.S. (old Section 156 (3) Cr.P.C.), has been allowed and the Police has been directed to lodge first information report in the matter. 3. Before considering the present criminal appeal on merits, the learned A.G.A. for the State has raised preliminary objection to the maintainability of the present criminal appeal by submitting that since the order directing to lodge first information report on the application made by opposite party no.2 under Section 173 (4) B.N.S.S. is an interlocutory order, therefore, as per Section 14-A of S.C./S.T. Act itself, the present criminal appeal is not maintainable. 4. Learned counsel for the appellant could not dispute the aforesaid submission. 5. The Hon'ble Supreme Court of India in the case of Amar Nath VS. State of Haryana reported in (1977) 4 SCC 137 has opined that "interlocutory order" "denotes" orders of a purely interim or temporary nature which do not decide or touch the important rights or liabilities of the parties and that any order which substantially affects the rights of the accused is not an interlocutory order. Versus Counsel for Appellant(s) : Udai Prakash Deo Pandey Counsel for Respondent(s) : G.A. Urmila Devi .....Appellant(s) State Of U.P. And 3 Others .....Respondent(s) 6. In the present case also, the impugned order directing to lodge first information report against the accused is a purely interlocutory order, which do not affect the important rights of the parties. 7.Accordingly, the present criminal appeal being not maintainable is dismissed. May 18, 2026 Sushil/- CRLA No. 4876 of 2026 2 (Madan Pal Singh,J.) Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad