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Ashok Kumar Verma and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC5 May 2025CRLA/460/2025

Case brief

AI extract

What is this about?

CRIMINAL APPEAL No. 460 of 2025; Allahabad High Court Lucknow Bench; Karunesh Singh Pawar; Ashok Kumar Verma and 2 others; State of U.P.; SC/ST Act Section 3(1)(da)(dha); stay of summoning order; Special Judge SC/ST Act Lucknow; Sessions Case No. 2579 of 2024; interim relief; FIR non-disclosure; application of mind; impugned order dated 11.11.2024; notice to respondent No. 2; next hearing 25.03.2025; order date 10.2.2025.

What did the court decide?

Interim relief granted: stay, till further orders, of the impugned order dated 11.11.2024 of the Special Judge SC/ST Act, Lucknow in Sessions Case No.2579 of 2024, limited to the issuance of summons under Section 3(1)(da)(dha) of the SC/ST Act; notice ordered to respondent No.2; appeal not finally adjudicated and listed for 25.03.2025. ¶9

Ashok Kumar Verma and 2 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

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Issue for consideration

Whether interim relief is merited in the criminal appeal — counsel contending that the F.I.R. and the complainant's statement prima facie disclose no cognizable offence under the SC/ST Act and that the impugned summoning order was passed without application of mind.

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Ratio / Principle

On perusal of the record, the F.I.R. and the statement of the complainant, the Court found a prima facie case for interim relief.

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Key takeaways

Till further orders of the court, the impugned order dated 11.11.2024 passed by the Special Judge SC/ST Act, Lucknow in Sessions Case No.2579 of 2024 is stayed to the extent of issuing summons under Section 3(1)(da)(dha) of the SC/ST Act.ratio¶9

Detailed headnote1 paragraphs

Criminal Appeal No. 460 of 2025 — Allahabad High Court (Lucknow Bench), Court No. 16; interim order dated 10.2.2025 by Hon'ble Karunesh Singh Pawar, J. Appellants Ashok Kumar Verma and two others (counsel: Ajay Kumar, Abhishek Shukla) submitted that the F.I.R. and the complainant's statement prima facie disclose no cognizable offence under the SC/ST Act and that the impugned summoning order was passed without application of mind. Perusing the record, the F.I.R. and the complainant's statement, the Court found a prima facie case for interim relief and, till further orders, stayed the order dated 11.11.2024 passed by the Special Judge SC/ST Act, Lucknow in Sessions Case No.2579 of 2024 (State vs. Ashok Kumar Verma and others) to the extent of issuing summons under Section 3(1)(da)(dha) of the SC/ST Act. Notice was ordered to respondent No.2 (G.A. for the State-respondent); the case was listed for 25.03.2025. No precedent was engaged; counsel's assertions are reported as submissions, not as this Court's findings on the merits.

Ashok Kumar Verma and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

What is this about?

What did the court decide?

Ashok Kumar Verma and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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