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2026 DAILYLAW 336 (ALL)

ANIL KUMAR DUBEY v. STATE OF U.P. AND ANOTHER

CRLA/1745/2026 · 2026-03-18

Sandeep Chaudhary Joint Registrar Judicial

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 1745 of 2026 Court No. - 51 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant, learned counsel for respondent / informant and Sri Amrit Raj Chaurasiya, learned AGA for State. 2. The present criminal appeal under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been filed by the appellant against the judgment and order dated 13.01.2026 passed by learned Special Judge SC/ST Act., Mirzapur as well as the charge- sheet dated 10.10.2025 In Special Session Trial No. 57 of 2026 (State Vs Ratnesh Kumar Dubey and Others) arising out of Case Crime no. 238 of 2025, Under Section 191(2), 352, 351(3) of B.N.S. and 3(1)(DA) 3(1)(DHA), 3(2)(VA) of SC/ST Act, Police Station Kotwali Katra, District Mirzapur, pending in the court of learned Special Judge, SC/ST Act, Mirzapur. 3. Briefly stated, the allegation in the FIR is that accused Ratnesh Kumar Dubey had earlier married the respondent/informant at a temple in Surat. However, thereafter, he solemnized his marriage with Pooja Dubey. The respondent/informant alleged that when she came to know about the said marriage, she went to the house of accused Ratnesh Kumar Dubey. There, she was confronted by accused Ratnesh Kumar Dubey, his elder brother appellant Anil Kumar Dubey, and his wife Pooja Dubey. It is alleged that when she opposed the marriage of accused Ratnesh Kumar Dubey with the appellant, the accused persons, along with the appellant, threatened her and used casteist slurs against her. 4. Learned counsel for the appellant has submitted that the allegation of his brother meeting the respondent/informant in the hospital, falling in love and thereafter marrying her is false and no evidence has been led in support of such marriage. Further he has no concern with the informant and was not Versus Counsel for Appellant(s) : Devendra Kumar Patel Counsel for Respondent(s) : G.A., Mahendra Tripathi, Parvat Singh Anil Kumar Dubey .....Appellant(s) State of U.P. and Another .....Respondent(s) even aware of any alleged affair between his brother and the informant. Learned counsel further submitted that the appellant has been falsely implicated due to vendetta on the part of the respondent/informant against accused Ratnesh Kumar Dubey. Hence, the proceedings against the appellant amount to an abuse of the process of law. Therefore, the impugned order passed by the Trial Court is liable to be set aside. 5. Sri Amrit Raj Chaurasia, learned AGA for the State, and learned counsel for the informant have submitted that the earlier marriage between the respondent/informant and accused Ratnesh Kumar Dubey was solemnized in a temple at Surat. Thereafter, the second marriage of the accused Ratnesh Kumar Dubey was solemnized. When the respondent/informant went to enquire from accused Ratnesh Kumar Dubey about his second marriage, she was abused and threatened by the appellant and other co-accused persons, who also used casteist slurs against her. 6. From the perusal of the FIR as well as the statements of the informant recorded under Sections 180 and 183 of the BNSS, it transpires that the only specific allegation against the appellant is that he threatened the informant and used casteist slurs. It appears that the informant, being enraged upon learning of the subsequent marriage of the appellant with Ratnesh Kumar Dubey, lodged the FIR against the appellant in order to take revenge against accused Ratnesh Kumar Dubey and his family members. 7. In view of the above, the entire proceedings qua the appellant, Anil Kumar Dubey, are hereby set aside. 8. Accordingly the appeal is allowed. March 19, 2026 Ujjawal CRLA No. 1745 of 2026 2 (Anil Kumar-X,J.) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad