Ashok Kumar @ Tung Narayan vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

Ashok Kumar @ Tung Narayan 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; interim order that no coercive action shall be taken against the appellant in pursuance of the summoning order dated 07.7.2025 till the next date of listing; appeal listed afresh on 25.3.2026.

Issue for consideration

Whether the summoning order dated 07.7.2025 — passed after quashing the final report filed by the Investigating Officer in favour of the appellant and accepting the protest petition of the victim — was sustainable, given that two final reports had been filed in the appellant's favour, the first was quashed on 21.6.2022 with further investigation directed, and the accused were summoned on the same evidence. +2 more

Court's answer

Till the next date of listing, no coercive action shall be taken against the appellant in pursuance of the summoning order dated 07.7.2025 passed by the learned Additional Sessions Judge / Special Judge (SC/ST) Act, Lakhimpur – Kheri.

Ratio / Principle

The criminal appeal challenging the summoning order dated 07.7.2025 is admitted; the matter requires consideration.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 27 — Criminal Appeal No. 2539 of 2025, decided 12.02.2026 by Hon'ble Ram Manohar Narayan Mishra, J. Criminal Appeal under Section 14(A)(1) of the SC/ST (Prevention of Atrocities) Act, 1989 by Ashok Kumar @ Tung Narayan against the judgment and order dated 07.7.2025 of the Special Judge (SC/ST) Act, Lakhimpur Khiri, passed on protest application dated 25.06.2025 on the second final report no.01/2023 dated 05.01.2023, dismissing the final report filed in the appellant's favour, accepting the protest petition of the victim, and summoning him in F.R. No.28/2023 (Crime no.229/2019, PS Isanagar, District Lakhimpur Khiri) under sections 376 D, 504, 506 IPC and Section 3(2)(v) SC/ST Act. Counsel submitted: FIR dated 12.4.2019 for occurrence of 04.10.2018 (six-month delay), lodged after a challani report under section 107/116 CrPC against the informant and her family members following the 02.10.2018 Supervisory Committee incident; victim medically examined only on 15.6.2019 with no external or internal injury detected; police filed final reports twice in the appellant's favour, the first quashed on 21.6.2022 with further investigation directed, yet the accused were summoned on the same evidence; the appellant's attributed role was confined to hurling threats. Held: appeal admitted; till the next date of listing no coercive action shall be taken against the appellant in pursuance of the summoning order dated 07.7.2025; listed afresh for 25.3.2026.

Procedural history

How this case reached the court

AI extract

Order under challenge
Summoning order dated 07.7.2025 passed on protest application dated 25.06.2025 on the second final report no.01/2023 dated 05.01.2023, whereby the court below dismissed the final report filed in favour of the appellant, accepted the protest petition of the victim, and summoned the appellant in F.R. No.28/2023 (Crime no.229/2019, PS Isanagar, District Lakhimpur Khiri) under sections 376 D, 504, 506 IPC and Section 3(2)(v) SC/ST Act.¶11
Additional Sessions Judge / Special Judge (SC/ST) Act, Lakhimpur – Kheri · 2025-07-07
Prior proceeding
FIR averments (as submitted by counsel): on 04.10.2018 at 09:00 PM, while the informant was going to ease herself with her sister-in-law (Jethani) in a sugarcane field, the accused dragged them on gunpoint; Kamlesh allegedly raped the informant, Akhilesh raped the Jethani, and Ashok threatened to kill them if they raised alarm.¶13
Prior proceeding
FIR lodged after six months on 12.4.2019 showing date of occurrence as 04.10.2018.¶14
Prior proceeding
As submitted, the FIR was lodged after a challani report was submitted by local police under section 107/116 CrPC against the informant and her family members.¶15
Prior proceeding
Medical examination of the victim conducted on 15.6.2019, i.e. after two months of lodging the FIR.¶16
Prior proceeding
Medical examination detected no external or internal injury.¶19
Prior proceeding
Police submitted final report in favour of the appellant twice.¶20
Prior proceeding
First final report quashed vide order dated 21.6.2022 and further investigation directed.¶21
Prior proceeding
Investigating Officer again submitted final report; court below dismissed it and summoned accused persons on the same evidence on which further investigation had been directed earlier.¶21
Prior proceeding
Role attributed to the appellant per the informant's statement: he hurled threats to the informant and her sister-in-law.¶22
Prior proceeding
Counsel's submission: appellant falsely implicated due to the incident of 02.10.2018 when the Local Supervisory Committee was engaged in ensuring cleanliness in the village; informant and her family members were challaned under section 107/116 CrPC.¶23