Umesh Chandra Trivedi (in Charge Sheet Umesh Chandra Dwivedi) vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

Umesh Chandra Trivedi (in Charge Sheet Umesh Chandra Dwivedi) 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 disposed of; appellant permitted to file a discharge application through counsel before the court below raising the grounds taken in the appeal; if filed within a month, to be heard and decided in accordance with law; on rejection, direction for surrender of bail; no coercive process against the appellant for one month.

Issue for consideration

Whether the appellant, who was not inclined to press the criminal appeal against the charge sheet and summoning order, could be permitted to file a discharge application before the trial court raising all the grounds taken in the present appeal, with a direction to the trial court to dispose of it in accordance with law.

Court's answer

The appeal stands disposed of with direction to the learned court below to permit the appellant to file a discharge application, through counsel, wherein all or any of the grounds taken in the present appeal may be taken.

Ratio / Principle

If the discharge application is filed within a month, the same shall be heard and decided by the court below in accordance with law.

Key takeaways

In the event the discharge application is rejected, the court below will issue the necessary direction to surrender of the bail of the appellant.ratio¶15
For a period of one month, no coercive process shall be adopted against the appellant.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Ram Manohar Narayan Mishra, J. — CRLA No. 459 of 2026, decided February 17, 2026. Criminal appeal under Section 14A(1) of the SC/ST (PA) Act preferred against charge sheet No.320/2024 and the summoning order dated 09/12/2024 passed by the Special Judge, SC/ST Act, Hardoi, in Case Crime No.1416 of 2024 (State versus Umesh Kumar Dwivedi), arising out of Case Crime No.368 of 2024, Police Station Bilgram, District Hardoi, under Sections 121(1), 115, 352, 351(3), 132, 221 BNS, Section 3(2)(va), (3)(1)(dha) of the SC/ST Act and Sections 332, 323, 504, 506, 353, 186 IPC. Counsel for the appellant submitted that no prima facie case arose under the SC/ST (PA) Act, that the appellant (a retired army personnel) was implicated at the behest of Dr. Liyakat Ali following an altercation at a hospital, and that the appellant was not inclined to press the appeal, seeking instead liberty to file a discharge application before the trial court raising the grounds taken in the appeal. Held: the appeal stands disposed of with direction to the court below to permit filing of the discharge application through counsel; if filed within a month it shall be heard and decided in accordance with law; on rejection, the court below will issue necessary direction for surrender of the appellant's bail; and for one month no coercive process shall be adopted against the appellant. No finding was recorded on the merits of the charge; those grounds stand referred to the discharge application.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 459 of 2026

Umesh Chandra Trivedi (In Charge Sheet Umesh Chandra Dwivedi)

.....Appellant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Respondent(s) Counsel for Appellant(s) : Arunendra Nath Mishra Counsel for Respondent(s) : G.A.

Court No. - 27

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the appellant, learned AGA for the State respondent no.1 and perused the record.

Instant criminal appeal, under Section 14A(1) of the SC/ST (PA) Act, has been preferred against charge sheet No.320/2024, under Sections 121, 115(2), 352, 351(3), 132, 221 of BNS and Section 3(2)(va), (3)(1)(dha) of the SC/ST Act and Sections 332, 323, 504, 506, 353, 186 IPC, arising out of Case Crime No.368 of 2024, under Sections 121(1), 115, 352, 351(3), 132, 221 BNS and Section 3(2)(va), (3)(1)(dha) of the SC/ST Act and Sections 332, 323, 504, 506, 353, 186 IPC, Police Station Bilgram, District Hardoi, along with the summoning order dated 09/12/2024 passed by Special Judge, SC/ST Act, Hardoi, in Case Crime No.1416 of 2024, State versus Umesh Kumar Dwivedi.

Learned counsel for the appellant submitted that prima facie a case for charge under the SC/ST (PA) Act are not made out against the appellant. The appellant is a retired army personnel. He had gone to receive injection of tetanus at the hospital where some altercation took place with Dr. Liyakat Ali, who was in drunken condition, the appellant politely requested him for his treatment, but he denied to treat him and abused and threatened him. The complaint is colleague of Dr. Liyakat Ali and complainant and Dr. Liyakat Ali, implicated the appellant in the FIR at the behest of Dr. Liyakat Ali. The appellant, in no way, is acquainted with

CRLA No. 459 of 2026

2

either of Liyakat Ali or the complainant. Therefore, there was no question of abusing the complainant with cast-indicative words. The appellant has been summoned on the basis of concocted and manufactured evidence. He next submitted that the appellant may be permitted to file discharge application before learned trial court through counsel. However, he submitted that the appellant is not inclined to press the present appeal and at this stage, instead, he may be permitted to file discharge application taking all the grounds taken in the present appeal, through counsel and the necessary direction may be issued to the trial court to dispose of the same in accordance with law.

The appeal stands disposed of with direction to the learned court below to permit the appellant to file discharge application, through counsel, wherein all or any of the grounds taken in the present appeal may be taken. If such application is filed within a month, the same shall be heard and decided by the court below in accordance with law. However, in the event the discharge application is rejected, the court below will issue the necessary direction to surrender of the bail of the appellant.

For a period of one month, no coercive process shall be adopted against appellant.

(Ram Manohar Narayan Mishra,J.)

February 17, 2026 KR

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