Ajay Kumar and 3 Others vs State of U.P. Thru. Prin. Secy. Home, Lko and Another — Allahabad HC (2025) — LawSathi Research

Ajay Kumar and 3 Others vs State of U.P. Thru. Prin. Secy. Home, Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order: further proceedings of Sessions Case No. 2100 of 2023 (Rajaram Gautam Vs. Ajay Kumar & Others) stayed till the next date of listing; State directed to file counter affidavit within six weeks ('Let counter affidavit be filed by the State within a period of six weeks.'); matter to be listed/put up after six weeks; final consideration deferred ('Matter requires consideration.').

Issue for consideration

Whether, the Appellants No. 1 and 2 themselves belonging to the Scheduled Caste community (as contended on the strength of caste certificates at Pages 43 & 44), any offence under the provisions of the S.C./S.T. Act is made out against them on the case lodged by Opposite Party No. 2 under Section 3(1)(r) of the Act, the Court having considered the position under Section 2(1)(r) of the Act. +1 more

Court's answer

Prima facie, the Appellants No. 1 and 2 belong to Scheduled Caste community and, therefore, offence punishable under Section 2(1)(r) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not made out against them (final consideration deferred to after the State's counter affidavit).

Ratio / Principle

There is motive for Opposite Party No. 2 to lodge a false criminal case against the appellants, as one civil suit is pending amongst the parties.

Key takeaways

Till the next date of listing, further proceedings of the Sessions Case No. 2100 of 2023, Rajaram Gautam Vs. Ajay Kumar & Others, pending before the learned Special Judge (S.C./S.T. Act), Barabanki, shall remain stayed.ratio¶¶22

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 27 — Manjive Shukla, J.; CRIMINAL APPEAL (CRLA) No. 1888 of 2025, interim order dated October 9, 2025. Appeal by Ajay Kumar and three others against the order dated 23.12.2024 of the learned Special Judge (S.C./S.T. Act), Barabanki summoning the appellants to face trial for offences punishable under Sections 323, 504, 506 and Section 3(1)(r) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, pursuant to a case lodged by Opposite Party No. 2 while a civil suit is pending between the parties. Appellants No. 1 and 2 contended that they themselves belong to the Scheduled Caste community (caste certificates annexed at Pages 43 & 44), so no offence under the S.C./S.T. Act is made out. The Court, considering the matter under Section 2(1)(r) of the Act, prima facie held that the Appellants No. 1 and 2 belong to the Scheduled Caste community and that offence punishable under Section 2(1)(r) is not made out against them, and further found motive for Opposite Party No. 2 to lodge a false criminal case owing to the pending civil suit. Notice on Opposite Party No. 2 stood served but none appeared for him. Directions: State to file counter affidavit within six weeks; matter listed after six weeks; till then, further proceedings of Sessions Trial No. 2100 of 2023 (Rajaram Gautam Vs. Ajay Kumar & Others) stayed.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 1888 of 2025

Ajay Kumar And 3 Others

.....Appellant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home, Lko And Another

noer	.....Respondent(s)
Counsel for Appellant(s)	: Arshad Siddiqui, Shafaq Fatima
Counsel for Respondent(s)	: G.A.

Court No. - 27

HON'BLE MANJIVE SHUKLA, J.

Heard Ms. Shafaq Fatima, learned counsel for the appellants and learned Additional Government Advocate for the State.

As per the report available in the order sheet, notice on Opposite Party No. 2 had already been served but no one is present on his behalf.

The captioned criminal appeal has been filed challenging therein, the order dated 23.12.2024 passed by the learned Special Judge (S.C./S.T. Act), Barabanki, whereby, the appellants have been summoned to face trial for the offences punishable under Sections 323, 504, 506 and Section 3(1)(r) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It has been contended on behalf of the appellants that the Appellants No. 1 and 2 belong to Scheduled Caste community and their caste certificates have been annexed at Page 43 & 44 of this criminal appeal. It has further been contended that the Opposite Party No. 2 just to create pressure on the appellants, as one civil suit is pending between the parties, had lodged the present criminal case for the offence punishable under Section 3(1)(r) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, without even knowing that the Appellants No. 1 and 2 belong to Scheduled Caste community, therefore, no offence can be made out against them under the provisions of S.C./S.T. Act.

Learned Additional Government Advocate appearing for the State prays

CRLA No. 1888 of 2025

2

for time to file counter affidavit in the matter.

I have considered the arguments advanced by the learned counsel for the appellants and prima facie, it appears that the Appellants No. 1 and 2 belong to Scheduled Caste community and therefore, offence punishable under Section 2(1)(r) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not made out against the Appellants No. 1 and 2. I further find that there is motive for Opposite Party No. 2 to lodge a false criminal case against the appellants, as one civil suit is pending amongst the parties.

Matter requires consideration.

Let counter affidavit be filed by the State within a period of six weeks.

List/Put up this matter after six weeks .

Till the next date of listing, further proceedings of the Sessions Case No. 2100 of 2023, Rajaram Gautam Vs. Ajay Kumar & Others, pending before the learned Special Judge (S.C./S.T. Act), Barabanki, shall remain stayed.

October 9, 2025 Lokesh Kumar

(Manjive Shukla,J.)

Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench