HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 5702 of 2026 Court No. - 90 HON'BLE ABDUL SHAHID, J. 1. Heard the learned counsel for appellants and learned A.G.A. for the State. 2. Present criminal appeal is preferred against the order dated 17.03.2026, passed by Special judge, SC/ST Act, Mau, in Sessions Case No. 341 of 2026 (State Vs. Ramashray Yadav and others) upon the charge sheet dated 26.12.2025, arising out of Case Crime No. 505 of 2025, under Sections 191(2), 115(2), 352, 351(2) of B.N.S. and Section 3(2)(va) of SC/ST Act, Police STation Sarailakhansi, District Mau. 3. As per the version of FIR No. 505 of 2025, the incident place at 2:00 hrs in the night of the winter. The FIR has been registered on 05.12.2025 at 14:31 hrs. The said incident has been supported by complainant as well as the witness under Section 180 BNSS. 4. Learned counsel for the appellant has further submitted that the medical examination of the complainant had been done at the medical hospital, who were brought by constables on 03.12.2025 at 12:53 a.m. after approximately 11 hrs. of the incident. He has further submitted that the injuries are shown to be simple, fresh and caused by hard and blunt object as well as the injured was under the influence of alcohol. He has further submitted that the said FIR has been lodged on false and fabricated ground to create the false case because the original incident took place on 02.12.2025 at 23:00 hrs., where the dispute has been arisen after burning of the puaal at winter night. He has further submitted that the FIR was Versus Counsel for Appellant(s) : Arvind Kumar Counsel for Respondent(s) : G.A. Ramashray Yadav And 7 Others .....Appellant(s) State of U.P. and Another .....Respondent(s) registered on 05.12.2025 at 19:45 hrs. vide FIR No. 506 of 2025. As per the appellants the incident took place on 02.12.2025 and presently in the FIR as per the complainant, the incident was occurred at 2:00 hrs on 02.12.2025. 5. The FIR has been registered by both the parties, where cause of action is same that in the winter night, where a programme was going on and the puaal has been burned. Aggressor in this cross cases that is to be seen at the stage of trial. Both the FIR has been registered. Investigation has been completed. Charge sheet has been submitted and the person who could not found implicated in the said case has been exonerated during investigation and no charge sheet has been filed against him. 6. In view thereof, the detailed appreciation of the evidence of the incident, is not justifiable at this stage, there is a cross version of the case. Hence, the present criminal appeal is liable to be dismissed. 7. It is, accordingly, dismissed. September 28, 2026 Aiman CRLA No. 5702 of 2026 2 (Abdul Shahid,J.) Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad