Indrabhan Mishra And 6 Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
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Allahabad High Court

Indrabhan Mishra And 6 Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 31 March, 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2026:AHC-LKO:22318
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
APPLICATION U/S 482 No. - 2440 of 2026   
 
   Indrabhan Mishra And 6 Others    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home Lko. And Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Satyendra Nath Mishra   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 15
 
   
 
 HON'BLE BRIJ RAJ SINGH, J.      

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the applicant and Shri Piyush Kumar Singh, learned AGA appearing for the State-respondents.

The instant application has been filed praying for following main reliefs:

"to set aside the impugned the surmmoning order dated 27.08.2025 passed by Special Judge Sc/St (P.A) Act Sultanpur, in Criminal Case No. 348 of 2024, (Siyaramversus Indrabhan Mishra) under Sections 323, 504, 506, IPC &3 (1), DA, Dha of sc/stact police station Baldirai District Sultanpur so far it relates to the petitioners as well as quash the entire proceeding of Criminal Case No. 348 of 2024, (Siyaram versus Indrabhan Mishra) under Sections 323, 504, 506, IPC & 3 (1), DA, Dha of sc/st act police station Baldirai District Sultanpur pending before Special Judge Sc/St (P.A) Act Sultanpur in the interest of justice."

Learned AGA has raised preliminary objection that against the impugned order dated 27.08.2025 passed by Special Judge, SC/ST Act, Sultanpur, the appeal would lie under Section 14(A)(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, therefore, the instant application under Section 482 CrPC is not liable to be entertained.

Learned counsel for the applicants has not disputed the aforesaid fact.

Considering the aforesaid, the application is rejected with liberty to the applicant to file the appeal under Section 14(A)(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 .

The certified copy of the impugned order or any other certified document filed along with the application shall be returned to the learned Counsel for the applicants by retaining a photocopy of the same on record.

(Brij Raj Singh,J.)

March 31, 2026

Mohit Singh/-