Allahabad High Court
RAMASHRAY YADAV AND 7 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- ABDUL SHAHID
Holding
The appeal is dismissed as the High Court is not the proper forum to re‑appreciate the evidence at this stage.
Summary
The appellants, Ramashray Yadav and others, appealed against a conviction under Sections 191(2), 115(2), 352, 351(2) of the B.N.S. and Section 3(2)(va) of the SC/ST Act arising from FIR No. 505 of 2025. They contended that the medical examination was delayed, the injuries were minor, and the FIR was fabricated, alleging a different version of events recorded in a second FIR (No. 506 of 2025). The Special Judge had upheld the charge sheet and convicted the appellants. The High Court noted that both parties had filed FIRs with conflicting versions, and that the trial court was the proper forum to resolve factual disputes. Consequently, the Court held that the appeal could not be entertained at this stage and dismissed it. The dismissal upheld the lower court’s conviction.
Issues considered
- Whether the High Court can entertain an appeal on the merits of the evidence when there are conflicting FIRs and the trial court is the appropriate forum for factual determination.
Legislation cited
Subjects
- SC/ST Act
- false FIR
- appeal
- criminal procedure
- evidence appraisal
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 5702 of 2026
Ramashray Yadav And 7 Others
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s) : Arvind Kumar
Counsel for Respondent(s) : G.A.
Court No. - 90
HON'BLE ABDUL SHAHID, J.
1. Heard the learned counsel for appellants and learned A.G.A. for the
State.
2. Present criminal appeal is preferred against the order dated
17.03.2026, passed by Special judge, SC/ST Act, Mau, in Sessions Case
No. 341 of 2026 (State Vs. Ramashray Yadav and others) upon the charge
sheet dated 26.12.2025, arising out of Case Crime No. 505 of 2025, under
Sections 191(2), 115(2), 352, 351(2) of B.N.S. and Section 3(2)(va) of
SC/ST Act, Police STation Sarailakhansi, District Mau.
3. As per the version of FIR No. 505 of 2025, the incident place at 2:00
hrs in the night of the winter. The FIR has been registered on 05.12.2025
at 14:31 hrs. The said incident has been supported by complainant as well
as the witness under Section 180 BNSS.
4. Learned counsel for the appellant has further submitted that the medical
examination of the complainant had been done at the medical hospital,
who were brought by constables on 03.12.2025 at 12:53 a.m. after
approximately 11 hrs. of the incident. He has further submitted that the
injuries are shown to be simple, fresh and caused by hard and blunt object
as well as the injured was under the influence of alcohol. He has further
submitted that the said FIR has been lodged on false and fabricated
ground to create the false case because the original incident took place on
02.12.2025 at 23:00 hrs., where the dispute has been arisen after burning
of the puaal at winter night. He has further submitted that the FIR was
CRLA No. 5702 of 2026
2
registered on 05.12.2025 at 19:45 hrs. vide FIR No. 506 of 2025. As per
the appellants the incident took place on 02.12.2025 and presently in the
FIR as per the complainant, the incident was occurred at 2:00 hrs on
02.12.2025.
5. The FIR has been registered by both the parties, where cause of action
is same that in the winter night, where a programme was going on and the
puaal has been burned. Aggressor in this cross cases that is to be seen at
the stage of trial. Both the FIR has been registered. Investigation has been
completed. Charge sheet has been submitted and the person who could
not found implicated in the said case has been exonerated during
investigation and no charge sheet has been filed against him.
6. In view thereof, the detailed appreciation of the evidence of the
incident, is not justifiable at this stage, there is a cross version of the case.
Hence, the present criminal appeal is liable to be dismissed.
7. It is, accordingly, dismissed.
(Abdul Shahid,J.)
September 28, 2026
Aiman
Digitally signed by :-
AIMAN FAROOQUI
High Court of Judicature at Allahabad
Checking your session…