Dismissed

Ramdarash v. State of U.P. Thru. Its Addl. Chief Secy. Home Lko. and Another

Allahabad HC22 Aug 2025CRLA/2550/2025

Case brief

AI extract

What is this about?

In Criminal Appeal No. 2550 of 2025, the Allahabad High Court, Lucknow Bench, disposed of an appeal against a summoning order. The Court permitted the appellant to file an application for discharge before the Special Judge within two weeks and directed the trial court to decide it within 30 days.

What did the court decide?

The appellant is permitted to file an application for discharge within two weeks; the trial court shall decide it within 30 days.

Ramdarash Vs State of U.P. Thru. Its Addl… — Civil Procedure and Limitation | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC-LKO:49463

¶2

Court No. - 14

¶3

Case :- CRIMINAL APPEAL No. - 2550 of 2025 Appellant :- Ramdarash Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Home Lko. And Another Counsel for Appellant :- Hema Singh,Rakesh Kumar Yadav Counsel for Respondent :- G.A.

¶4

Hon'ble Shree Prakash Singh,J.

¶5

Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

¶6

The instant appeal has been filed with prayer to set-aside the impugned summoning order dated 09.11.2023, passed by the learned Special Judge, SC/ST Act, Ambedkar Nagar in Case No.178/2023 (State Vs. Ram Daras Prajapati @ Billu) and charge sheet dated 29.07.2023 arising out of Case Crime No.0332/2023, under Section 323, 504, 506 I.P.C. and Sections 3(1)(Da), 3(1)(Dha) of SC/ST Act, Police Station- Akbarpur, District- Ambedkar Nagar.

¶7

Learned counsel appearing for the appellant submits that there is no evidence at all against the appellant and only on the basis of statement recorded by the police under Section 161 of Cr.P.C., the whole proceeding has been initiated and chargesheet has been filed. He added that the criminal proceedings against the present appellant is nothing but harassment.

¶8

On the other hand, learned counsel appearing for the State has opposed the contention aforesaid and submits that there is no abuse of process of law and only factual matrix has been agitated before this Court and that could not be gone into at this stage, invoking the jurisdiction under Section 482 Cr.P.C. and thus the appeal is liable to be dismissed.

¶9

After the argument at length, learned counsel for the appellant submits that interest of justice would be sub-served, if this Court directs the court below to permit the appellant to appear before the court below and file an application of discharge. He further submits that the court below may be directed to decide the discharge application within stipulated period of time, as may be fixed by this Court.

¶10

Learned AGA for the State has no objection to the aforesaid

¶11

submission.

¶12

In view of aforesaid, the appellant is permitted to file an application for discharge before the court below within a period of two weeks from today and if such an application is filed, the same shall be decided within a further period of 30 days, strictly in accordance with law.

¶13

With the aforesaid observation, the appeal is disposed of .

¶14

Order Date :- 22.8.2025 V. Sinha

¶15

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Ramdarash v. State of U.P. Thru. Its Addl. Chief Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Ramdarash v. State of U.P. Thru. Its Addl. Chief Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Atul Kumar and 2 Others Vs State of U.P. Thru. Its Addl. Chief Secy. Home Lko. and Another

Sabir and 5 Others Vs State of U.P. Thru. the Prin. Secy. Home Lko. and Another

Ankit Mishra Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

Shavez Mirza Vs State of U.P. Deptt. Home Thru. Prin. Secy. Lko. and 3 Others

Abhishek Agarwal Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Sakib Ali Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another