Sher Singh vs State Of U.P. And 4 Others
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Allahabad High Court

Sher Singh vs State Of U.P. And 4 Others on 16 October, 2025

Author: Shekhar Kumar Yadav

Bench: Shekhar Kumar Yadav

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:185435
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
CRIMINAL APPEAL No. - 9382 of 2025   
 
   Sher Singh    
 
  .....Appellant(s)   
 
 Versus  
 
   State Of U.P. And 4 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Appellant(s)   
 
:   
 
Shashi Kumar Mishra   
 
  
 
Counsel for Respondent(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 86
 
   
 
 HON'BLE SHEKHAR KUMAR YADAV, J.       

1. Heard Mr. Shashi Kumar Mishra, learned counsel for the appellant and learned A.G.A for the State as well as perused the record.

2. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set-aside the impugned judgment and order dated 02.09.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act, Etah in Complaint Case (W.S.C.C.) No.52 of 2025 (Sher Singh Vs. B.P. Singh Yadav & others) under Section 173(4) B.N.S.S., P.S.- Pilua, District- Etah whereby complaint of complainant was rejected under Section 226 BNSS/203 Cr.P.C..

3. Learned counsel for the appellant argued that the court below has failed to appreciate facts and law placed before it. It is further submitted that the appellant is complainant in the present case and he has filed a complaint on which the trial court recorded the statement of the complainant as well as witnesses under Sections 223/225 BNSS (200/202 Cr.P.C.) wherein they have supported the contents of the complaint, even then the complaint filed by the appellant has been dismissed. Hence, this Criminal appeal, with above, prayer, for setting aside impugned order and, thereby, directing court below for proceeding in accordance with law.

4. Learned AGA, representing State of U.P., has vehemently opposed the prayer. It is submitted that court below has rightly dismissed the complaint. As such, court below has neither committed a jurisdictional error in passing the order impugned nor it has exercised it's jurisdiction with material irregularity warranting interference by this Court.

5. I have gone through the the impugned order. The Court below has returned a finding that on going through the complaint and the statements recorded under Sections 223/225 BNSS (200/202 Cr.P.C.), there exist no ground to summon the accused on the alleged facts and circumstances of the case, hence no case for summoning the accused is made out.

6. In view of the above, this Criminal appeal, being devoid of merits, deserves to be dismissed and it stands dismissed.

(Shekhar Kumar Yadav,J.)

October 16, 2025

Krishna*