AWADHESH @ RAM MURAT AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
CRLA/6230/2026 · 2026-09-13
Abdul Shahid
Criminal Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 6671 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6671 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 6230 of 2026 Court No. - 90 HON'BLE ABDUL SHAHID, J.
1. Heard learned counsel for the appellants and learned counsel for opposite party no. 2.
2. The present appeal has been filed challenging the impugned summoning order dated 25.11.2025 passed by the learned Special Judge (SC/ST Act), Basti, in Complaint Case No. 27 of 2025, under Sections 147, 323, 452, 504, 506 IPC and Sections 3(1)(r) and 3(1)(s) of the SC/ST Act, Police Station Kaptanganj, District Basti.
3. Learned counsel for the appellants, at the outset, submits that appellant no. 1 (Awadesh @ Ram Murat), appellant no. 2 (Sri Mati Devi), and opposite party no. 2/complainant are pattidars. There is a land dispute between the parties. Learned counsel for the appellants has submitted that there is neither any injury nor any medical report on record. As per the averments in the complaint and the statements recorded under Sections 200 and 202 Cr.P.C., the matter appears to be a land dispute between the parties. As per the statements recorded, there was no entry by the appellants into the house of opposite party no. 2/complainant. Furthermore, appellant nos. 1, 2, and 5 all belong to the Scheduled Caste category. Belonging to the Scheduled Caste category, no offence under the SC/ST Act could be made out against them.
4. The matter is purely a civil/revenue dispute between the parties, which has been given a color of criminality. There is no substance in the complaint. The impugned summoning order as well as the entire Versus Counsel for Appellant(s) : Gaurav Kumar Shukla Counsel for Respondent(s) : G.A., Surendra Kumar Tiwari Awadhesh @ Ram Murat And 4 Others .....Appellant(s) State of U.P. and Another .....Respondent(s)
proceedings of the complaint are liable to be set aside.
5. Accordingly, the impugned summoning order dated 25.11.2025 passed by the learned Special Judge (SC/ST Act), Basti, in Complaint Case No. 27 of 2025, under Sections 147, 323, 452, 504, 506 IPC and Sections 3(1)(r) and 3(1)(s) of the SC/ST Act, Police Station Kaptanganj, District Basti, is hereby set aside.
6. The criminal appeal is, accordingly, allowed. September 14, 2026 K.K. Maurya CRLA No. 6230 of 2026 2 (Abdul Shahid,J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad