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Allahabad High Court

KAPIL KUMARversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The appeal is dismissed as infructuous.

Summary

Kapil Kumar appealed to the Allahabad High Court under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, 1989, seeking to quash an order dated 06.12.2024 passed by the Special Judge, SC/ST (P.A.) in Bijnor, which had framed charges under Sections 115(2), 351(3), 352 BNS and 3(1)5‑Ka of the Act and ordered his detention. The appellant also prayed for anticipatory bail. Counsel for the appellant argued that the appeal was infructuous and should be dismissed. The court examined the record, noted that the second respondent failed to appear despite service of notice, and accepted the appellant’s submission. Consequently, the court allowed the prayer and dismissed the appeal as infructuous.

Issues considered

  • Whether the appeal filed under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act is maintainable.
  • Whether the appeal is infructuous and should be dismissed.

Legislation cited

Subjects

  • SC/ST Act
  • criminal appeal
  • anticipatory bail
  • infructuous appeal
  • Section 14A
  • quashing order

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       CRIMINAL APPEAL No. - 1096 of 2025

                                    Kapil Kumar
                                                                                             .....Appellant(s)
                                                                      Versus

                                    State of U.P. and Another
                                                                                            .....Respondent(s)

                                    Counsel for Appellant(s)       : Bhuvnesh Kumar Singh, Niraj Kumar
                                                                     Shukla
                                    Counsel for Respondent(s)      : G.A.

                                    Court No. - 75
                                                            HON'BLE SAMIT GOPAL, J.

                                    1. List revised.

                                    2. Heard Sri Jitendra Singh, Advocate holding brief of Sri Bhuvnesh
                                    Kumar Singh, learned counsel for the appellant and Sri Birendra Pratap
                                    Singh, learned counsel for the State/O.P. No.1 and perused the record.

                                    3. Notice issued to the opposite party no.2 vide order dated 17.02.2025
                                    has been served personally as per office report dated 24.03.2025. Despite
                                    service of notice no one appears on behalf of opposite party no.2 even in
                                    the revised list.

                                    4. This criminal appeal under Section 14A(2) of SC/ST (Prevention of
                                    Atrocities) Act, 1989 has been filed by the appellant Kapil Kumar, with
                                    the prayer to allow the appeal and quashing the impugned order dated
                                    06.12.2024 passed by learned Special Judge, SC/ST (P.A. Act), Bijnor, in
                                    Session Trial No. 1727 of 2024 as Case Crime No. 308 of 2024, under
                                    Section 115(2), 351(3), 352 BNS and Section 3(1)5-Ka of SC/ST Act,
                                    P.S. Noorpur, District Bijnor and with a further prayer to release the
                                    appellant in anticipatory bail in the aforesaid case.

                                    5. At the very outset, learned counsel for the appellant submits that the
                                    present appeal U/s 14A(2) of SC/ST (Prevention of Atrocities) Act be
                                    dismissed as infructuous.

                                    6. Prayer is allowed.

                                    7. The appeal is dismissed as infructuous.


                                                                                            (Samit Gopal,J.)
                                    May 5, 2026
                                    M. ARIF




Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad


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