Mohan @ Mohan Yadav and 4 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC18 Dec 2025CRLA/4105/2025

Case brief

AI extract

What is this about?

Appeal under Section 14A SC/ST Act against a summoning order in a complaint case under Sections 323, 504 IPC and 3(1)(X) SC/ST Act. Notice issued to respondent no.2; interim protection that no coercive process be taken against the appellants until further orders.

What did the court decide?

Notice to respondent no.2; interim direction that no coercive process shall be adopted against the appellants till next listing.

Mohan @ Mohan Yadav and 4 Others vs State of U.P. Thru… — Caste Atrocities | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL APPEAL No. - 4105 of 2025

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Mohan @ Mohan Yadav And 4 Others

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.....Appellant(s)

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Versus

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

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.....Respondent(s) Counsel for Appellant(s) : Adarsh Kumar Tripathi, Gyanendra Pathak Counsel for Respondent(s) : G.A.

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Court No. - 27

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HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

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Heard learned counsel for the appellants, learned A.G.A. for the State respondent no.1 and perused the record.

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Instant criminal appeal, under Section 14A(1) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, has been preferred against an order dated 30/10/2025 passed by the Special Judge, SC/ST Act, Bahraich, in Criminal Complaint Case No.64 of 2023, under Sections 323, 504 IPC and 3(1)(X) SC/ST Act, relating to Police Station, Nawabganj, District Bahraich.

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Learned counsel for the appellants submits that according to the prosecution version, the complainant stated in an application under Section 156(3) CrPC, which was treated as a complaint that the accused persons (opposite parties) belong to backward class, while she is a member of a scheduled caste. On 02/09/2022 at around 6 p.m., the opposite party Sunil was abusing the complainant and her daughter. When she objected to this, he entered her house along with co-accused and his companions and all the accused persons named in the complaint assaulted

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CRLA No. 4105 of 2025

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her with lathi, danda, kicks, fists and slaps. The people of the neighborhood assembled there and the accused persons abused the complainant with caste-indicative words and threatened her with life.

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He next submitted that according to the complaint version, the incident occurred in the house of the complainant, which is not a place in public view, therefore, the SC/ST Act is not attracted. He further submitted that the medico-legal examination of the injuries of the complainant was conducted after three days of the incident on 05/09/2022, in which one contusion on the left side of the shoulder and three complaints of pain on different parts of the body were shown; thus, the alleged injury of the complainant is superficial in nature. He also submitted that on the application under Section 156(3) CrPC, the report was filed by the police station concerned, in which it is stated that no altercation occurred between both sides on 02/09/2022, but they have an altercation on 26/7/2022, for which proceedings under Sections 151, 107 and 116 CrPC were initiated. Thus, the police report also does not support the complaint version.

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Per contra, learned A.G.A submitted that there is no illegality in the summoning order passed by the trial court. It is stated in the police report that, in regard to the prior incident on 26/7/2022, an audio recording was done; appellant no.1, Mohan Yadav, has criminal antecedents. Another criminal case, a prior criminal case, has been registered against him under Sections 323, 504 and 306 IPC.

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