Munnu Kushwaha vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Munnu Kushwaha vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal admitted under Section 14-A(1) SC/ST (Prevention of Atrocities) Act, 1989; trial court record summoned; notice issued to respondent No. 2; interim stay granted - operation and implementation of the summoning order dated 24.02.2025 stayed till the next date of listing fixed as 21.05.2025. Final disposition pending.

Issue for consideration

Whether the summoning order dated 24.02.2025 issued by the Special Judge S.C./S.T. Act, District Unnao is illegal and arbitrary, the entire dispute being a civil dispute given a criminal manner, and therefore calls for interference by this Court. +1 more

Court's answer

On the material presented with the interim-relief application (civil nature of the dispute, pending civil suit, absence of particulars/place of the alleged caste-related abuse), this Court found prima facie that a case for interference with the summoning order is made out, and accordingly admitted the appeal, summoned the trial court record and issued notice to respondent No. 2.

Ratio / Principle

As interim relief pending the hearing listed for 21.05.2025, the operation and implementation of the impugned summoning order dated 24.02.2025 were stayed until the next date of listing. This is an interim measure in an admitted appeal; final adjudication remains open.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 12; Criminal Appeal No. 1201 of 2025 (Munnu Kushwaha v. State of U.P. thru. Prin. Secy. Home Lko. and another); Alok Mathur, J.; order dated 23.4.2025. Appeal preferred under Section 14-A(1) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the summoning order dated 24.02.2025 passed by the Special Judge, S.C./S.T. Act Court, District Unnao, arising out of Case Crime No. 837 of 2024 under Sections 352, 351(3), 308(2) B.N.S. and Sections 3(1)(Da), 3(1)(Dha) S.C./S.T. Act., Police Station - Kotwali, District Unnao. Appellant's counsel contended that the summons are illegal and arbitrary since the dispute is essentially civil - premises leased by the complainant (FIR dated 04.11.2024), partially demolished during road widening, with a civil suit before the Civil Judge (Sr. Div.)/FTC, Unnao dismissed on 16.10.2024 and, per counsel, dismissed for want of prosecution on 06.10.2024 and restored on 22.10.2024 - and that no particulars of the alleged caste-related words nor their place of public use are disclosed. Finding prima facie a case for interference, the Court admitted the appeal, summoned the trial court record, issued notice to respondent No. 2, and stayed the operation and implementation of the summoning order dated 24.02.2025 till the next date of listing, fixed as 21.05.2025.

Court No. - 12

Case :- CRIMINAL APPEAL No. - 1201 of 2025

Appellant :- Munnu Kushwaha Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- O.P. Tiwari Counsel for Respondent :- G.A.

Hon'ble Alok Mathur,J.

Heard Sri O.P. Tiwari, learned counsel for appellant as well as learned Additional Government Advocate for the State.

Present appeal has been preferred under Section 14-A(1) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the summoning order dated 24.02.2025 passed by Special Judge S.C./S.T. Act Court, District Unnao arising out of Case Crime No. 837 of 2024 under Section 352, 351(3), 308(2) B.N.S. and Section 3(1)(Da), 3(1)(Dha) S.C./S.T. Act., Police Station - Kotwali, District Unnao.

Admit.

Summon the trial court record.

Issue notice to respondent No. 2.

Learned counsel for appellant shall take steps within one week.

On the application of interim relief it has been submitted that summons issued by the Special Judge S.C./S.T. Act, District Unnao are illegal and arbitrary inasmuch as the entire dispute is a civil dispute which has been given a criminal manner by the respondents. He has submitted that a first information report was lodged by the private respondent against the appellant on 04.11.2024 alleging that the House No. 288 Idgah Pathar Colony Nahar Road, Thana Kotwali Sadar District Unnao was purchased by the complainant from one Chhote Lal sharma and was given on lease to the appellant.

It has further been stated that during widening of the road, certain portion of the said house was demolished and consequelty the complainant had requested the appellant to vacate the said property and when he refused to vacate the said property the appellant had filed a civil suit in the Court of Civil

Judge (Sr. Div.)/FTC, Unnao which was dismissed on 16.10.2024. It is stated that on dismissal of the said suit the complainant had gone to comply with the said order and to see that the premises which were in possession of the appellant are got vacated when it is alleged that appellant has refused to vacate the said property and used caste related words against the complainant and also demanded Rs. 2 lakhs for vacating the said premises.He has further alleged to have threatened the appellant and accordingly the said first information report has been lodged.

It has been submitted by learned counsel for the appellant that on 06.10.2024 the said suit was dismissed for want of prosecution but subsequently an application was filed for restoration and the suit was restored on 22.10.2024. He has further submitted that the dispute is essentially a civil dispute which is pending in the Court of Civil Judge (Sr.Div.), /FTC, Unnoa. Further, it has been submitted that no particulars of the caste related words used against the complainant nor the place of occurrence has been disclosed where such words used in the public and would attract the provisions of the S.C./S.T. Act.

In light of the above, prima facie a case for interference is made out.

List this case on 21.05.2025.

Till the next date of listing, operation and implementation of the impugned order dated 24.02.2025 shall remain stayed.

(Alok Mathur, J.)

Order Date :- 23.4.2025

Ravi/

Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench