Dismissed¶19

Shivani Srivas v. State of U.P. and 3 Others

Allahabad HC8 Sept 2025CRLA/7501/2024

Case brief

AI extract

What is this about?

Allahabad High Court dismisses appeal under S.14-A(1) SC/ST (Prevention of Atrocities) Act against Special Judge, Jhansi order dated 24.04.2024 dismissing complaint under S.203 Cr.P.C. (Complaint Case No.67 of 2023; Ss.363, 366, 376(D) IPC; S.3(1) SC/ST Act; P.S. Mauranipur). Key points: statements of complainant and witnesses under Ss.200/202 Cr.P.C. supported complaint but contained material contradictions; no ground to summon accused; no jurisdictional error or material irregularity warranting interference; appeal devoid of merits, dismissed. Bench: Shekhar Kumar Yadav, J. Counsel: Awadhesh Prasad for appellant; G.A./A.G.A. for State.

What did the court decide?

The criminal appeal is devoid of merits and stands dismissed. ¶19

Shivani Srivas Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL APPEAL No. - 7501 of 2024

Shivani Srivas

.....Appellant(s)

Versus

State Of U.P. And 3 Others

¶7

.....Respondent(s)

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Counsel for Appellant(s)	: Awadhesh Prasad
Counsel for Respondent(s)	: G.A.

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Court No. - 83

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HON'BLE SHEKHAR KUMAR YADAV, J.

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Heard Mr. Awadhesh Prasad, learned counsel for the appellant and learned A.G.A. for the State as well as perused the record.

¶12

This Criminal Appeal under Section 14-A(1) of the SC/ST (Prevention of Atrocities) Act has been filed by the appellant for setting-aside the impugned judgment and order dated 24.04.2024 passed by Special Judge (S.C./S.T.) (Prevention of Atrocities) Act, Jhansi in Complaint Case No.67 of 2023 (Shivani Vs. Rohit Rajput and others) under Sections 363, 366, 376 (D) I.P.C., 3 (1) द (ध) of S.C./S.T. Act, P.S.- Mauranipur, District- Jhansi, whereby the complaint of the applicant has been dismissed, under Section 203 of Cr.P.C.

¶13

Learned counsel for the appellant argued that the court below has failed to appreciate facts and law placed before it. It is further submitted that the appellant is complainant in the present case and she has filed a complaint on which the trial court recorded t he statement of the complainant as well as her witnesses under Sections 200/202 Cr.P.C. wherein they have supported the contents of the complaint, even then the complaint filed by the appellant has been dismissed. Hence, this Criminal appeal, with above, prayer, for setting aside impugned order and, thereby, directing court below for proceeding in accordance with law.

¶14

Learned AGA, representing State of U.P., has vehemently opposed the prayer. It is submitted that court below has rightly dismissed the complaint. As such, court below has neither committed a jurisdictional error in passing the order impugned nor it has exercised it's jurisdiction with material

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CRLA No. 7501 of 2024

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irregularity warranting interference by this Court.

¶18

I have gone through the the impugned order. The Court below has returned a finding that on going through the complaint and the statements recorded under Section 200/202 Cr.P.C. there are material contradictions and there exist no ground to summon the accused on the alleged facts and circumstances of the case, hence no case for summoning the accused is made out.

¶19

In view of the above, this Criminal appeal, being devoid of merits, deserves to be dismissed and it stands dismissed accordingly.

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September 9, 2025 Krishna*

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(Shekhar Kumar Yadav,J.)

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Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad

Shivani Srivas v. State of U.P. and 3 Others

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Shivani Srivas v. State of U.P. and 3 Others

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