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

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

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the appellants till the next date of listing (20.11.2025) in pursuance of Special Session Trial No.180 of 2024 arising out of Case Crime No.371 of 2021; timetable fixed for counter affidavit (two weeks) and rejoinder affidavit (one week thereafter).

Issue for consideration

Whether interim protection from coercive action should be extended to the appellants while the appeal awaits fuller consideration.

Court's answer

Till the next date of listing, no coercive action shall be taken against the appellants in pursuance of Special Session Trial No.180 of 2024 arising out of Case Crime No.371 of 2021 (Sections 323, 504, 354 IPC; Section 3(1)da, dha SC/ST Act), Police Station Ghoorpur, District Prayagraj.

Ratio / Principle

Two weeks allowed to the learned AGA and learned counsel for respondent no.2 to file counter affidavit; appellants to have one week thereafter for filing rejoinder affidavit.

Key takeaways

Appeal to be relisted on 20.11.2025.ratio¶14
Merits deferred: the court recorded only that the matter requires consideration; no ruling was made in this order on counsel's submissions (alleged false implication, simple injuries per injury report, absence of any allegation that the informant was humiliated in a public place or within public view so as to engage the SC/ST Act).¶12

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 86), single bench of Shekhar Kumar Yadav, J. — interim order dated October 27, 2025 in CRIMINAL APPEAL No. - 1429 of 2025, Balkrishna Patel And Another v. State of U.P. and Another. Counsel for appellants submitted that the appellants are innocent and falsely implicated, that per the injury report the injuries are simple, and that nowhere is it alleged the informant was humiliated in a public place or within public view, hence no offence under the SC/ST Act arises. The court did not adjudicate these submissions ('Matter requires consideration'); it allowed two weeks to the learned AGA and counsel for respondent no. 2 for counter affidavit, one week thereafter to appellants for rejoinder, listed the appeal for 20.11.2025, and directed that till then no coercive action be taken against the appellants in pursuance of Special Session Trial No.180 of 2024 arising out of Case Crime No.371 of 2021, under Sections 323, 504, 354 IPC and Section 3(1)da, dha SC/ST Act, Police Station Ghoorpur, District Prayagraj.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 1429 of 2025

Balkrishna Patel And Another

.....Appellant(s)

Versus

State of U.P. and Another

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

Court No. - 86

HON'BLE SHEKHAR KUMAR YADAV, J.

As per office report, notice has been served upon the respondent no.2.

Learned counsel for the appellants states that the appellants are innocent and have been falsely implicated in the matter. As per injury report, injuries are simple in nature. He further submits that it is nowhere alleged that the informant was humiliated in a public place or within public view, therefore, no offence under the SC/ST Act is made out against the appellants.

Matter requires consideration.

Two weeks time is allowed to the learned AGA as well as learned counsel for the respondent no.2 to file counter affidavit. Appellants shall have one week thereafter for filing rejoinder affidavit.

List this appeal on 20.11.2025.

Till the next date of listing, no coercive action shall be taken against the appellants in pursuance of Special Session Trial No.180 of 2024 arising out of Case Crime No.371 of 2021, under Sections 323, 504, 354 IPC and Section 3(1)da, dha SC/ST Act, Police Station Ghoorpur, District Prayagraj.

(Shekhar Kumar Yadav,J.)

October 27, 2025 Ajeet

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