Arvind Singh and 7 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC12 Jan 2026CRLA/4187/2025

Case brief

AI extract

What is this about?

Appeal under Section 14-A SC/ST Act challenging summoning order in a Sessions Case arising from a complaint treated under Sections 200/202 Cr.P.C. Appellants alleged counterblast to an earlier FIR. Court admitted appeal, issued notice to respondent no.2, and stayed coercive process till next listing.

What did the court decide?

Notice issued; no coercive process against appellants till next date of listing (25.02.2026).

Arvind Singh and 7 Others vs State of U.P. Thru. Prin… — Caste Atrocities | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL APPEAL No. - 4187 of 2025

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Arvind Singh And 7 Others

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.....Appellant(s)

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Versus

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

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.....Respondent(s)

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Counsel for Appellant(s)	: Shiv Kuma	Pal r Sr	Singh, Ambrish Kumar, Ashwani ivastava
Counsel for Respondent(s)	: G.A.

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Court No. - 27

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HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

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

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The instant criminal appeal under Section 14-A(1) of S.C./S.T. (P.A.) Act, 1989 has been preferred for quashing of entire proceedings of Sessions Case No.1233 of 2023 (Ashish Rawat versus Arvind Singh) as well as impugned summoning order dated 14.05.2025, passed by the court of learned Special Judge, S.C./S.T. Act, Barabanki by which appellants/ applicants have been summoned for facing of trial under Section 452, 427, 323, 504 & 506 IPC and Section 3 (1) (r) of of S.C./S.T. Act, Police Station Loni Katra, District Barabanki.

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Learned counsel for the appellants submits that in the present case initially, complainant- Ashish Rawat filed an application under Section 156 (3) Cr.P.C. before the Special Judge (S.C./S.T. Act), Barabanki for lodging an FIR and investigation under Section 156 (3) Cr.P.C. Learned Special Judge treated the application as complaint and after recording the statement of the complainant under Section 200 Cr.P.C. and the witnesses Santosh Kumar and Smt. Siyarani under Section 202 Cr.P.C., summoned the appellants under aforesaid criminal sections.

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He next submitted that the police submitted a report on the application under Section 156 (3) Cr.P.C. before the Special Judge on 10.05.2023, wherein it is stated that in the present matter, no FIR was lodged. On

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CRLA No. 4187 of 2025

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inquiry, it was found that no such dispute, on account of cultivation of field, occurred on 06.04.2023. Ashish Rawat drives the tractor of Santosh S/o Sunder Lal, against whom the opposite party Hema, wife of Arvind Singh, lodged an FIR on 23.12.2022, alongwith three accused persons, Keshan, Shamsher and Kailash vide Case Crime No. 458 of 2022 under Sections 427, 352, 504, 506 IPC. The present application under Section 156 (3) Cr.P.C. has been filed, being infuriated by this FIR. Santosh Kumar seeks to lodge an FIR at the instance of his driver, Ashish Rawat, under S.C./S.T. Act.

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He next submitted that the learned trial court has not considered the report of the PS concerned regarding the case lodged at the instance of the accused persons against Santosh and others. Said Santosh Kumar and his wife, Smt. Siyarani, are presented as witnesses under Section 202 Cr.P.C. in the present case, who are not independent witnesses but they are interested witnesses and they bear grudge against the appellants. In view of the earlier FIR, in fact, the present case has been lodged as counterblast to the earlier FIR lodged against the witness, Santosh Kumar and others.

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Per contra, learned A.G.A. submits that the learned trial court has summoned the appellants on the basis of evidence adduced during inquiry proceedings.

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