Complainant /Victim of Case Crime No. 360/2023 vs State… — Narcotics (NDPS) | Allahabad HC (2026)

Complainant /Victim of Case Crime No. 360/2023 vs State… — Narcotics (NDPS) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Appeal admitted at the motion stage; notice ordered to respondents no.2 and 3, returnable at an early date, steps within a week; counter affidavit by the next date; matter listed fresh on 16.4.2026. No interim relief or final adjudication on merits recorded.

Issue for consideration

Whether the impugned order dated 15.01.2025 rejecting the protest petition and accepting final report no.89/2023 calls for interference in this appeal under Section 14A(1) SC/ST Act.

Court's answer

The criminal appeal is admitted.

Ratio / Principle

Notice is to be issued to respondents no.2 and 3, returnable at an early date.

Key takeaways

Steps for service are to be taken within a week.ratio¶22
The matter is to be listed on 16.4.2026 as fresh.ratio¶23
Counter affidavit is to be filed by the next date of listing.ratio¶24

Detailed headnote1 paragraphs

Criminal Appeal (CRLA No. 385 of 2026, Allahabad High Court, Lucknow Bench, Ram Manohar Narayan Mishra, J., February 16, 2026) under Section 14A(1) SC/ST (Prevention of Atrocities) Act, 1989 by the complainant/victim of Case Crime No. 360/2023 against the order dated 15.01.2025 of the Additional Sessions Judge/Special Judge (SC/ST Act), Lakhimpur Kheri in F.R. Case no.33/2024 (Neha Singh alias Shabnam alias Pendora vs. Vivek Upadhyaya and Another), rejecting her protest petition against final report no.89/2023 dated 22.9.2023 and accepting the final report. The FIR (P.S. Gola, District Khiri, on a S.156(3) CrPC order dated 16.7.2022) alleged offences under Sections 376(2)(A)(1), 323, 504 IPC and Section 3(2)(v) SC/ST Act; the appellant alleged she was brutally beaten and raped at the police station after reporting firing near her house on 08.7.2022, and that the SHO challaned her under Sections 8/20/21 NDPS Act by planting 1 Kg Doda and 50 grams intoxicating powder; the injury report showed six simple injuries. The court below accepted the final report relying on the IO's conclusions and the NDPS case against her. Held (admission stage): appeal admitted; notice to respondents no.2 and 3; steps within a week; counter affidavit by next date; listed fresh on 16.4.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 385 of 2026

Complainant /Victim Of Case Crime No. 360/2023

.....Appellant(s)

Versus

State Of U.P. Thru. Secy. Home Lko. And 2 Others

.....Respondent(s)

Counsel for Appellant(s)	: Ramesh Gupta, Brijesh Kumar
Counsel for Respondent(s)	: G.A.

Court No. - 27

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the appellant/ applicant and learned A.G.A. appearing for the State.

The instant criminal appeal under Section 14 A (1) of SC/ST (Prevention of Atrocities) Act, 1989 has been filed against the order dated 15.01.2025 passed by the learned Additional sessions judge/ Special Judge SC/ ST Act, Lakhimpur Kheri in F.R. Case no.33/2024 (Neha Singh alias Shabnam alias Pendora vs. Vivek Upadhyaya and Another) by which protest application moved by the appellant against final report no.89/2023 dated 22.9.2023 has been rejected.

Learned counsel for the appellant submitted that the appellant had filed an FIR on 24.7.20223 at police station – Gola, District Khiri on the basis of order passed by the Court on application under section 156 (3) CrPC bearing date 16.7.2022, under section 376 (2) (A) (1), 323, 504, IPC and Section 3 (2) (V) SC/ST Act with allegation that she has received B.Ed qualification from Lucknow University and is preparing for TET. Her mother has constructed a house on Mathura Nagar Gola. Informant is unmarried. Her father died in year 1998.

On 08.7.2022 at 10:30 PM, she was at her house with family. Some firing occurred near her house and she dialled 100 and thereafter she dialled S.I. Vipin Kumar. After five minutes police van came and police officials reached there. They enquired about firing from her and took her Kotwali for registering her case. She was brutally beaten and raped at police station. SHO cahllaned her under section 8/20/21 NDPS Act by planting 1 Kg Doda and 50 grams intoxicating powder. He next submitted that police submitted final report against accused persons due to reason that accused persons are police personnel. She filed protest petition before Court. Learned court below placing

CRLA No. 385 of 2026

2

reliance on conclusions of Investigating Officer and police case instituted against her under NDPS Act, dismissed her protest petition and accepted final report by impugned order. He next submitted that injury report of the appellant which has been prepared after her arrest under section 8/20/21 NDPS Act shows that six injuries on her person which were simple in nature. In fact the injuries were minimised by Medical Officer to shield police personnels inasmuch as no explanation has been offered about the injuries shown in injury report

Per contra, learned A.G.A. submitted that appellant is an accused under the provisions of NDPS Act and police has submitted final report on the basis that she has lodged false case to create a defence in a case registered against her under NDPS Act. There is no illegality in the impugned order passed by the learned court below.

Matter requires consideration.

Admit.

Issue notice to respondents no.2 and 3 returnable at an early date.

Steps be taken within a week.

List on 16.4.2026 as fresh.

Counter affidavit be filed by the next date of listing.

February 16, 2026 mks

(Ram Manohar Narayan Mishra,J.)

Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench

Procedural history

How this case reached the court

AI extract

Order under challenge
Order rejecting the protest application moved by the appellant against final report no.89/2023 dated 22.9.2023 and accepting the final report.¶12
Court of Additional Sessions Judge / Special Judge (SC/ST Act), Lakhimpur Kheri (in F.R. Case no.33/2024, Neha Singh alias Shabnam alias Pendora vs. Vivek Upadhyaya and Another) · 15.01.2025
Prior proceeding
Appellant moved an application under Section 156(3) CrPC dated 16.7.2022; the Court passed an order on it, on whose basis the FIR was lodged.¶13
Prior proceeding
FIR lodged by the appellant at police station Gola, District Khiri (date printed as '24.7.20223', apparently 24.07.2022); the cause-title describes the appellant as 'Complainant /Victim Of Case Crime No. 360/2023'.¶13
Prior proceeding
Offences alleged in the FIR: Sections 376(2)(A)(1), 323, 504 IPC and Section 3(2)(v) SC/ST Act.¶13
Prior proceeding
Prosecution story per counsel: on 08.7.2022 at 10:30 PM firing occurred near her house; she dialled 100 and thereafter SI Vipin Kumar; police took her to Kotwali for registering her case.¶14
Prior proceeding
Alleged that she was brutally beaten and raped at the police station.¶14
Prior proceeding
Appellant's allegation that the SHO challaned her under Sections 8/20/21 NDPS Act by planting 1 Kg Doda and 50 grams intoxicating powder.¶14
Prior proceeding
Police submitted final report no.89/2023 dated 22.9.2023 against the accused persons; according to counsel, because the accused persons are police personnel.¶14
Prior proceeding
Appellant filed a protest petition against the final report before the court below.¶14
Prior proceeding
Court below, placing reliance on the conclusions of the Investigating Officer and the NDPS case instituted against her, dismissed the protest petition and accepted the final report (impugned order).¶17
Prior proceeding
Injury report prepared after her arrest under the NDPS Act shows six simple injuries; counsel contends the Medical Officer minimised the injuries to shield police personnel and no explanation has been offered about them.¶17
Prior proceeding
Stand of the A.G.A.: the appellant is herself an accused under the NDPS Act; the final report proceeds on the basis that she lodged a false case to create a defence; no illegality in the impugned order.¶18