Hirday Ram and 2 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others — Allahabad HC (2026) — LawSathi Research

Hirday Ram and 2 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Admission-stage relief only: appeal admitted; notice to respondent no.4 through C.J.M. concerned, returnable at an early date; matter listed on 10.03.2026; till the next date of listing, no coercive process to be adopted against the appellants.

Issue for consideration

Whether the impugned summoning order dated 08.10.2025 was passed mechanically, without stating whether any injury report supported the complaint version despite the complainant's stated medical examination on 13.10.2022 (implicit from appellants' submissions; not framed by the Court) +1 more

Ratio / Principle

Having observed that the matter requires consideration, the Court admitted the criminal appeal.

Key takeaways

Notice was ordered to respondent no.4, to be served through the C.J.M. concerned, returnable at an early date.ratio¶7
As an interim measure, until the next date of listing (listed for 10.03.2026), no coercive process shall be adopted against the appellants.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 27 — Ram Manohar Narayan Mishra, J. (order dated January 20, 2026). Criminal Appeal No. 145 of 2026 filed by Hirday Ram and 2 others against the judgment/order dated 08.10.2025 of the learned Special Judge (S.C./S.T. Act), Ayodhya, whereby summons/bailable warrant were issued against the appellants in Complaint Case No.6 of 2023 (P.S. Rounahi, District Ayodhya), instituted on an application under Section 156(3) Cr.P.C. (now 173(4) BNSS) alleging offences under Sections 323, 504 IPC and Section 3(2)(va) S.C./S.T. Act. Appellants' contentions (recorded, not adjudicated): dispute between the parties regarding flow of the drain; complaint by complainant/respondent no.2 false and concocted; impugned summoning order mechanical and silent on whether any injury report supported the complaint version, although the complainant stated he was medically examined on 13.10.2022 at District Hospital, Faizabad; occurrence allegedly in the complainant's house, so prima facie charge under Section 3(2)(va) S.C./S.T. Act not made out; appellant Krishna Prasad under medical treatment 05.10.2022–15.10.2022 (certificate of Jagjit Nursing Home, Ropar, Punjab, Annexure No.3); no criminal antecedents. Held/ordered: matter requires consideration; appeal admitted; notice to respondent no.4 through C.J.M. concerned, returnable at an early date; listed on 10.03.2026; till the next date of listing, no coercive process shall be adopted against the appellants.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 145 of 2026

Hirday Ram And 2 Others

.....Appellant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

.....Respondent(s)

Counsel for Appellant(s) : Arvind Kumar Maurya, Kanchan, Pawan Verma Counsel for Respondent(s) : G.A.

Court No. - 27

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the appellants and learned A.G.A. for the State.

The instant criminal appeal has been preferred against the judgment and order dated 08.10.2025 passed by learned Special Judge (S.C./S.T. Act), Ayodhya, whereby by summons/ bailable warrant have been issued against the appellants in Complaint Case No.6 of 2023, arising out of an application under Section 156(3) Cr.P.C. (now 173(4) BNSS), Police Station Rounahi, District Ayodhya, under Sections 323, 504 IPC and Section 3(2)(va) S.C./S.T. Act.

Learned counsel for the appellants submitted that there is a dispute between the parties regarding flow of the drain. The complaint has been filed by the complainant/ respondent no.2 with false and concocted versions. The impugned order has been passed in mechanical manner. It is not stated in the impugned summoning order as to whether there was any injury report in support of the complaint version or not, whereas, the complainant has stated in his complaint that he had gotten himself medically examined on 13.10.2022 at District Hospital, Faizabad.

He next submitted that the occurrence took place in the house of the complainant, therefore, prima facie, the charge under Section 3(2)(va) S.C./S.T. Act is not made out in the case. The appellant, Krishna Prasad,

CRLA No. 145 of 2026

2

was under medical treatment between 05.10.2022 to 15.10.2022 and he has filed his medical certificate issued by the Jagjit Nursing Home, Ropar, Punjab, as Annexure No.3. The appellants have no criminal antecedents. They are deeply rooted in the society. In the present case, an application under Section 156(3) Cr.P.C. was filed by the complainant, was treated as a complaint, and summoning order has been passed against the appellants after recording statements.

Matter requires consideration.

Admit.

Issue notice to respondent no.4 which shall be served upon him/ her through C.J.M. concerned, returnable at an early date.

List on 10.03.2026.

Till the next date of listing, no coercive process shall be adopted against the appellants.

(Ram Manohar Narayan Mishra,J.)

January 20, 2026

Mohd. Sharif

Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench