Jeevnath vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

Jeevnath vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal admitted; notice issued to respondent no.2 through the CJM concerned; matter listed on 11/3/2026; interim protection that till the next date of listing no coercive process shall be adopted against the appellant by the court below. Merits not decided at this stage.

Issue for consideration

Whether the summoning order dated 10/1/2025 in Criminal Case No. 109 of 2018 and the entire criminal proceedings pending before the trial court are sustainable, including whether any offence under Section 3(1)(r)/(s) of the SC/ST Act is made out where the alleged incident occurred inside the complainant's house and no independent witness has been produced. +1 more

Court's answer

As an interim measure, till the next date of listing, no coercive process shall be adopted against the appellant by the court below.

Ratio / Principle

The criminal appeal was admitted.

Key takeaways

Notice was ordered to respondent no.2, to be served through the CJM concerned, and the matter was listed for 11/3/2026.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Ram Manohar Narayan Mishra, J.), by order dated January 20, 2026, ADMITTED Criminal Appeal No. 151 of 2026 filed by Jeevnath under Section 14A(1) of the SC/ST Act against the summoning order dated 10/1/2025 passed by the Special Judge, SC/ST (PA) Act, Sultanpur, in Criminal Case No. 109 of 2018 under Sections 323, 504, 506 IPC and Section 3(1)(r), 3(1)(s) SC/ST Act (PS Kurebhar/Dhanpatganj, District Sultanpur), and against the entire criminal proceedings of that case. Counsel for the appellant argued that the incident occurred inside the complainant's house, that the complaint arose from an application under Section 156(3) Cr.P.C. treated as a complaint, that no independent witness was produced, that the summoning order contains no reference to any injury report, and that the complaint was lodged with ulterior motive in a land dispute over plot no. 1693, with map-correction proceedings before the Chief Revenue Officer, Sultanpur (Ramnevaj, a Section 202 CRPC witness, being connected therewith; said matter stated to have been decided on 3/1/2004). Court issued notice to respondent no.2 through the CJM, listed the matter on 11/3/2026, and directed that till the next date of listing no coercive process shall be adopted against the appellant by the court below.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 151 of 2026

Jeevnath

.....Appellant(s)

Versus

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

.....Respondent(s)

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

Court No. - 27

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

The instant criminal appeal under Section 14A(1) of the SC/ST Act of 1889 has been filed against the impugned summoning order dated 10/1/2025, passed by the Special Judge, SC/ST, (PA) Act, Sultanpur, in Criminal Case No. 109 of 2018, under Sections 323, 504, 506 of the IPC and 3(1)(r) (s) of the SC/ST Act, PS Kurebhar/Dhanpatganj, District Sultanpur, as well as the entire criminal proceedings of the aforesaid case pending before the trial court.

Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

Learned counsel for the appellant submits that the alleged incident is said to have occurred inside the house of the complainant, as per versions. The present complaint has been registered while treating an application under Section 156(3) Cr.P.C. filed by the complainant, as a complaint by order of the learned court below. No independent witness has been produced in support of the complainant’s version, therefore, no offense under Section 3(1)(r) (s) of the SC/ST Act appears to have been made out.

He further submits that in the summoning order, there is no reference to any injury report of the complainant. In fact, there is a land dispute between the parties regarding plot number 1693, which is a very large agricultural plot. The appellant is a co-tenure holder of the same, along

CRLA No. 151 of 2026

2

with other co-sharers, including the complainant. The complainant wants to grab the entire land as the trees are standing therein as well as its fruits. For that purpose, a complaint has been filed with an ulterior motive. In respect of the land in question, proceedings for correction of the map are pending before the Chief Revenue Officer, Sultanpur, by Ramnevaj, who is a witness under Section 202 of the CRPC in the present complaint. The said matter was decided on 3/1/2004 by the revenue court.

The matter seeks consideration.

Admit.

Issue notice to respondent no.2 which shall be served through the CJM concerned.

List on 11/3/2026.

Till the next date of listing, no coercive process shall be adopted against the appellant by the court below.

(Ram Manohar Narayan Mishra,J.)

January 20, 2026 dk/

Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench