Disposed¶11

Satya Prakash Upadhyay and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Anothers

Allahabad HC28 Feb 2025CRLA/689/2025

Case brief

AI extract

What is this about?

Interim stay; non-application of mind; cryptic order; SC/ST Act; Sections 323/504 IPC; Session Trial No. 511/2019; Case Crime No. 44/2018; P.S. Baghrai, District Pratapgarh; false implication; village dispute; 24-day FIR delay; notice to respondent no. 2; CRIMINAL APPEAL No. 689 of 2025; listed 01.04.2025; Lucknow Bench.

What did the court decide?

Interim order: notice issued to respondent no. 2; operation of the impugned order dated 10.10.2019 stayed till the next date of listing; matter listed on 01.04.2025. Appeal itself not finally decided. ¶11

Satya Prakash Upadhyay and 2 Others vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Anothers — Allahabad HC (2025) — LawSathi Research

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Court No. - 16

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Case :- CRIMINAL APPEAL No. - 689 of 2025 Appellant :- Satya Prakash Upadhyay And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Anothers

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Counsel for Appellant :- Manjeet Singh,Babu Ram Shukla Counsel for Respondent :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the appellant and learned AGA for the State.

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Issue notice to respondent no. 2.

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It is alleged in the prosecution case that the complainant, who belongs to the Scheduled Caste community, is involved in a civil dispute with the accused persons, who belong to the General Category. Due to this enmity, on 03.02.2018 at around 8:00 a.m., the complainant confronted a tractor driver about driving through their land. When the accused persons arrived and questioned the complainant, they became angry and allegedly abused and assaulted the complainant using a stick (Danda), kicks, and fists. Upon hearing the commotion, the complainant’s sister-in-law, Belmati, intervened, however, she was also assaulted. The complainant sustained several injuries in the incident.

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Learned counsel for the appellants submits that they are innocent and have been falsely implicated by the complainant due to village disputes and a land conflict. No independent witnesses were cited in the FIR. The FIR has been lodged after a delay of 24 days.

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It has been further submitted that the FIR lacks specific criminal accusations against them, making their prosecution unjustified. It is also alleged that the complainant, who belongs to the Scheduled Caste category, has misused the SC/ST Act to harass them and damage their reputation. The impugned

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proceedings are nothing but an abuse of process of law. Perused the record.

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Perusal of the impugned order dated 10.10.2019, prima facie shows non-application of mind. It appears to be a cryptic order. Accordingly, till the next date of listing, the impugned order dated 10.10.2019 passed in session trial No. 511/2019 "State Vs. Pappu @ Surya Prakash and others", case crime No. 44/2018, under Sections 323/504 IPC and Section 3(1)(x)/3(1) (u) of SC/St Act, P.S. Baghrai, District Pratapgarh shall remain stayed.

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List on 01.04.2025.

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Order Date :- 28.2.2025 R.C.

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

Satya Prakash Upadhyay and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Anothers

Case brief

What is this about?

What did the court decide?

Satya Prakash Upadhyay and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Anothers

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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