Kalika Baksh Singh @ Kalika Prasad and 3 Others vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Kalika Baksh Singh @ Kalika Prasad and 3 Others vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay till further orders of the Court of the impugned proceedings of Sessions Case No. 633/2024 arising out of charge sheet No. 111/2023 dated 24.12.2023 in crime No. 419/2023 under Sections 323/504/506 IPC and Sections 3(1)Da, 3(1)(dha), 3(2)(va) of SC/ST Act; appeal listed for 19.02.2025; pleadings to be exchanged by the next date.

Issue for consideration

Whether the impugned proceedings of Sessions Case No. 633/2024 (arising out of charge sheet No. 111/2023 dated 24.12.2023 in crime No. 419/2023, under Sections 323/504/506 IPC and Sections 3(1)Da, 3(1)(dha), 3(2)(va) of SC/ST Act) represent a civil land dispute sought to be given a criminal colour, warranting interim suspension of the trial proceedings till further orders.

Court's answer

On due consideration of the submissions, the record, the simple nature of injuries sustained by the injured, the decree of the civil suit in favour of the appellant, and the statement of independent eye witnesses, prima facie it appears that the civil dispute is sought to be given a criminal colour.

Ratio / Principle

Till further orders of the Court, the impugned proceedings of sessions case No. 633/2024 'State of U.P. Vs. Kalika Baksh Singh and others', arising out of impugned charge sheet No. 111/2023 dated 24.12.2023 submitted in crime No. 419/2023, under Sections 323/504/506 IPC and Section 3(1)Da, 3(1)(dha), 3(2)(va) of SC/ST Act, shall remain stayed; the matter is listed for 19.02.2025 with pleadings to be exchanged by the next date.

Detailed headnote1 paragraphs

Criminal Appeal — interim stay of criminal trial — Sessions Case No. 633/2024 arising out of charge sheet No. 111/2023 dated 24.12.2023 in crime No. 419/2023, under Sections 323/504/506 IPC and Sections 3(1)Da, 3(1)(dha), 3(2)(va) of SC/ST Act — background: civil suit for injunction over land already decreed in appellant no. 1's favour; alleged interference by opposite party no. 2 thereafter; police conciliation resulting in written compromise dated 21.10.2023 (Annexures Nos. 2 and 3); preventive proceedings under Sections 151/107/116 Cr.P.C. drawn at GD No. 46 on 01.11.2023 (Annexure No. 4) — considering the simple nature of injuries, the civil decree favouring the appellant and statements of independent eye witnesses, Court holds prima facie that the civil dispute is sought to be given a criminal colour — impugned proceedings stayed till further orders; matter listed 19.02.2025; pleadings to be exchanged (Allahabad High Court, Lucknow Bench, Karunesh Singh Pawar J., order dated 7.1.2025).

Court No. - 16

Case :- CRIMINAL APPEAL No. - 2363 of 2024 Appellant :- Kalika Baksh Singh @ Kalika Prasad And 3 Others

Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Sumit Kumar Srivastava Counsel for Respondent :- G.A.,Amar Nath Dubey

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the appellants as well as learned AGA for the State and learned counsel for respondent no. 2.

Submission of learned counsel for the appellants is that initially a suit for injunction was filed by appellant no. 1 against the father-in-law of opposite party no. 2 which was decreed in his favour. Even after the judgment of the learned Civil Court, opposite party no. 2 interfered with the land of the appellants. Consequently, a complaint was made and on that complaint, the police intervened and conciliation was done with both the parties and a compromise was entered between them on 21.10.2023. The report is on record as Annexure No. 2 to the appeal.

It has been further submitted that a copy of the compromise dated 21.10.2023 has been filed by the petitioner which is on record as Annexure No. 3. Subsequently, on 01.11.2023, the proceedings under Section 151/107/116 Cr.P.C. were drawn at GD No. 46 against the petitioners as well as opposite party no. 2. The order is on record as Annexure No. 4 to the appeal.

It has been further submitted that number of eye witnesses denied the prosecution story clearly stating that the dispute between the parties pertains to land, and no theft or robbery occurred.

Per contra, learned counsel for the complainant has opposed the

appeal submitting that mini trial cannot be permitted at this stage.

On due consideration to the submissions advanced as well as perusal of the record, so also the simple nature of injuries sustained by the injured and the decree of civil suit in favour of the appellant, so also the statement of independent eye witnesses, prima facie, it appears that the civil dispute is sought to be given a criminal colour.

Thus, till further orders of the Court, the impugned proceedings of sessions case No. 633/2024 "State of U.P. Vs. Kalika Baksh Singh and others", arising out of impugned charge sheet No. 111/2023, dated 24.12.2023, submitted in crime No. 419/2023, under Sections 323/504/506 IPC and Section 3 (1)Da, 3(1) (dha), 3(2)(va) of SC/ST Act shall remain stayed.

List on 19.02.2025.

Pleadings to be exchanged by the next date.

Order Date :- 7.1.2025 R.C.

Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench