Rajesh Singh vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Rajesh Singh vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned cognizance/summoning order dated 30.09.2025 passed by Special Judge (S.C./S.T.) Act, Mirzapur quashed and set aside; matter remanded to the court below to pass a fresh order in accordance with law.

Issue for consideration

Whether the cognizance/summoning order dated 30.09.2025 passed by the Special Judge (S.C./S.T.) Act, Mirzapur was issued without application of judicial mind and ought to be set aside.

Court's answer

Upon hearing rival submissions and perusing the record, this Court found that the learned Special Judge had passed the impugned summoning order without applying its judicial mind.

Ratio / Principle

The present criminal appeal was allowed; the impugned cognizance/summoning order dated 30.09.2025 was quashed and set aside, and the matter was remanded to the court below to pass a fresh order in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court (Shekhar Kumar Yadav, J., single judge), Criminal Appeal No. 10873 of 2025, decided December 2, 2025. Appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act by Rajesh Singh against the cognizance/summoning order dated 30.09.2025 of the Special Judge (S.C./S.T.) Act, Mirzapur in Special Session Trial No. 857 of 2025 (State Vs. Rajesh Singh), arising out of Case Crime No. 333 of 2024, Police Station Chunar, District Mirzapur. The court below had taken cognizance on a charge sheet filed under Sections 323, 504, 506 I.P.C. and Section 3(1)da, dha and 3(2)(va) SC/ST Act and summoned the appellant under Sections 323, 504, 506 I.P.C. and Section 3(2)(dha), 3(2)(da) S.C./S.T. Act. Counsel argued cognizance was taken mechanically and routinely without judicial mind; the A.G.A. opposed but did not dispute the legal position. Holding: the Special Judge passed the summoning order without applying its judicial mind; appeal allowed, cognizance/summoning order quashed and set aside, and the matter remanded to the court below to pass a fresh order in accordance with law. No precedent was cited or relied upon in this judgment.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 10873 of 2025

Rajesh Singh

.....Appellant(s)

Versus

State of U.P. and Another

.....Respondent(s)

Counsel for Appellant(s)	: Suraj Kumar Singh
Counsel for Respondent(s)	: G.A.

Court No. - 86

HON'BLE SHEKHAR KUMAR YADAV, J.

Heard Mr. Suraj Kumar Singh, learned counsel for the appellant and learned A.G.A for the State as well as perused the record.

The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to setaside the impugned cognizance/summoning order dated 30.09.2025 passed by Special Judge (S.C./S.T.) Act, Mirzapur in Special Session Trial No. 857 of 2025 (State Vs. Rajesh Singh) arising out of Case Crime No. 333 of 2024, under Sections 323, 504, 506 1.P.C. and Section 3(2)(dha), 3(2)(da) S.C./S.T. Act, Police Station- Chunar, DistrictMirzapur, pending in the court of Special Judge (S.C./S.T.) Act, Mirzapur.

It is contended by learned counsel for the applicant that the appellant is innocent and has been falsely implicated in the present case. The learned court below has taken cognizance upon the charge sheet in very mechanical and routine manner and summoned the appellant under Sections 323, 504, 506 I.P.C. and Section 3(2)(dha), 3(2)(da) S.C./S.T. Act without applying its judicial mind, however charge sheet was filed under Section 323, 504, 506 I.P.C. and Section 3(1)da, dha and 3(2)(va) SC/ST Act. The impugned summoning order is illegal and abuse of process of law and the same is liable to be dismissed.

Learned A.G.A. opposed the appeal but did not dispute the legal position of law.

CRLA No. 10873 of 2025

2

Upon hearing the rival submissions and perusal of the record, this Court finds that the learned Special Judge has passed the impugned summoning order without applying its judicial mind.

Accordingly, the present criminal appeal stands allowed. The impugned cognizance/summoning order dated 30.09.2025 passed by Special Judge (S.C./S.T.) Act, Mirzapur, is hereby quashed and set aside. The matter is remanded to the court below to pass a fresh order in accordance with law.

(Shekhar Kumar Yadav,J.)

December 2, 2025

Krishna*

Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad