Rama Shankar Yadav and 4 Others vs State of U.P. Thru. Secy. Home Lko and Another — Allahabad HC (2025) — LawSathi Research

Rama Shankar Yadav and 4 Others vs State of U.P. Thru. Secy. Home Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only (matter still under consideration): notice issued to Opposite Party No. 2 returnable within four weeks; further proceedings of Complaint Case No. 81 of 2024 stayed till next date of listing; matter to be put up fresh on 12.12.2025.

Issue for consideration

Whether the appellants should continue to face trial pursuant to the summoning order dated 20.08.2025 in Complaint Case No. 81 of 2024, the court having prima facie found the underlying dispute over a path through Opposite Party No. 2's land to be predominantly civil in nature and sought to be converted into a criminal one; the court stated that the matter requires consideration.

Court's answer

Prima facie, the court finds that the dispute of a path going through the land of Opposite Party No. 2 is pre-dominantly civil in nature, and that efforts are being made to convert that civil dispute into a criminal one; on this basis the matter was held to require consideration and interim directions were issued.

Ratio / Principle

Notice was directed to be issued to Opposite Party No. 2, returnable within four weeks.

Key takeaways

Till the next date of listing (matter put up fresh on 12.12.2025), further proceedings of Complaint Case No. 81 of 2024, pending in the Court of Special Judge (S.C./S.T. Act), Pratapgarh, shall remain stayed.ratio¶22

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 27 — Manjive Shukla, J. — order dated 04.11.2025 in Crl. Appeal No. 3516 of 2025 (Rama Shankar Yadav & 4 others v. State of U.P. & another). Interim order on an appeal against the summoning order dated 20.08.2025 of the Special Judge (S.C./S.T. Act), Pratapgarh in Complaint Case No. 81 of 2024 (Manjhila Devi v. Rama Shankar Yadav & others), whereby the appellants were summoned for offences under Sections 323, 504 & 506 I.P.C. and Sections 3(1)(r), 3(1)(s) & 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, after the trial court accepted the protest petition of Opposite Party No. 2 converting a police-final-report case into a complaint case (statements having been recorded under Sections 200 & 202 Cr.P.C.). The Judge's prima facie view: the dispute over a path through Opposite Party No. 2's land is pre-dominantly civil in nature and efforts are being made to convert that civil dispute into a criminal one. Notice issued to Opposite Party No. 2 (returnable in four weeks); further proceedings of the complaint case stayed till the next date of listing, matter put up fresh on 12.12.2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 3516 of 2025

Rama Shankar Yadav And 4 Others

.....Appellant(s)

Versus

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

.....Respondent(s)

Counsel for Appellant(s) : Lalla Ji Maurya Counsel for Respondent(s) : G.A.

Court No. - 27

HON'BLE MANJIVE SHUKLA, J.

Heard Lalla Ji Maurya, learned counsel for the appellants and learned Additional Government Advocate appearing for the State.

The captioned criminal appeal has been filed challenging therein, the order dated 20.08.2025 passed by the learned Special Judge (S.C./S.T. Act), Pratapgarh in Complaint Case No. 81 of 2024, Manjhila Devi Vs. Rama Shankar Yadav & Others; whereby the appellants had been summoned to face trial for the offences punishable under Sections 323, 504 & 506 I.P.C. and Sections 3(1)(r), 3(1)(s) & 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It has been contended on behalf of the appellants that initially the matter in question was investigated by the police and final report was submitted but learned trial court had accepted protest petition filed by Opposite Party No. 2 and had treated the entire case as complaint case. It has further been contended that from bare perusal of the statements recorded under Section 200 & 202 Cr.P.C., it comes out that there is a civil dispute in between the parties and effort has been made to convert that civil dispute into a criminal one.

Learned Additional Government Advocate appearing for the State prays for time to file counter affidavit.

I have considered the arguments advanced by the learned counsels for

CRLA No. 3516 of 2025

2

the parties and prima facie, I find that there is a dispute of a path going through the land of Opposite Party No. 2 which is pre-dominantly civil in nature and efforts are being made to convert that civil dispute into a criminal one.

Matter requires consideration.

Let notice be issued to Opposite Party No. 2, returnable within four weeks.

List/Put up this matter after four weeks on 12.12.2025, as fresh .

Till the next date of listing, further proceedings of Complaint Case No. 81 of 2024, Manjhila Devi Vs. Rama Shankar Yadav & Others; pending in the Court of Special Judge (S.C./S.T. Act), Pratapgarh shall remain stayed.

November 4, 2025 Lokesh Kumar

(Manjive Shukla,J.)

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