Allahabad High Court
AWADHESH @ RAM MURAT AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- ABDUL SHAHID
Holding
The summoning order is set aside as the complaint is a civil dispute and no offence under the SC/ST Act can be made out against the appellants.
Summary
The appellants, who are pattidars belonging to the Scheduled Caste, filed an appeal against a summoning order issued by the Special Judge (SC/ST Act) in Basti in a complaint alleging offences under Sections 147, 323, 452, 504, 506 of the IPC and Sections 3(1)(r) and 3(1)(s) of the SC/ST Act. The appellant contended that the dispute was purely a civil land dispute, there was no injury, no medical evidence, and the statements recorded under Sections 200 and 202 Cr.P.C. showed that the appellants did not enter the complainant’s house. It was further argued that, being members of a Scheduled Caste, the SC/ST Act could not be invoked against them. The Court examined the nature of the complaint and found it to be a civil/revenue matter masquerading as a criminal case, with no substantive basis for the offences alleged. Consequently, the Court set aside the summoning order and allowed the appeal.
Issues considered
- Whether the complaint under the IPC and SC/ST Act is maintainable when the underlying dispute is civil in nature.
- Whether the SC/ST Act can be invoked against members of a Scheduled Caste.
- Whether the summoning order issued by the Special Judge is valid in the absence of injury or medical evidence.
Legislation cited
- Indian Penal Code — s. 147, 323, 452, 504, 506
- Protection of Civil Rights Act (SC/ST Act) — s. 3(1)(r), 3(1)(s)
Subjects
- land dispute
- civil vs criminal
- SC/ST Act
- scheduled caste
- summoning order
- criminal complaint
- procedural impropriety
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 6230 of 2026
Awadhesh @ Ram Murat And 4 Others
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s) : Gaurav Kumar Shukla
Counsel for Respondent(s) : G.A., Surendra Kumar Tiwari
Court No. - 90
HON'BLE ABDUL SHAHID, J.
1. Heard learned counsel for the appellants and learned counsel for
opposite party no. 2.
2. The present appeal has been filed challenging the impugned
summoning order dated 25.11.2025 passed by the learned Special Judge
(SC/ST Act), Basti, in Complaint Case No. 27 of 2025, under Sections
147, 323, 452, 504, 506 IPC and Sections 3(1)(r) and 3(1)(s) of the SC/ST
Act, Police Station Kaptanganj, District Basti.
3. Learned counsel for the appellants, at the outset, submits that appellant
no. 1 (Awadesh @ Ram Murat), appellant no. 2 (Sri Mati Devi), and
opposite party no. 2/complainant are pattidars. There is a land dispute
between the parties. Learned counsel for the appellants has submitted that
there is neither any injury nor any medical report on record. As per the
averments in the complaint and the statements recorded under Sections
200 and 202 Cr.P.C., the matter appears to be a land dispute between the
parties. As per the statements recorded, there was no entry by the
appellants into the house of opposite party no. 2/complainant.
Furthermore, appellant nos. 1, 2, and 5 all belong to the Scheduled Caste
category. Belonging to the Scheduled Caste category, no offence under
the SC/ST Act could be made out against them.
4. The matter is purely a civil/revenue dispute between the parties, which
has been given a color of criminality. There is no substance in the
complaint. The impugned summoning order as well as the entire
CRLA No. 6230 of 2026
2
proceedings of the complaint are liable to be set aside.
5. Accordingly, the impugned summoning order dated 25.11.2025 passed
by the learned Special Judge (SC/ST Act), Basti, in Complaint Case No.
27 of 2025, under Sections 147, 323, 452, 504, 506 IPC and Sections
3(1)(r) and 3(1)(s) of the SC/ST Act, Police Station Kaptanganj, District
Basti, is hereby set aside.
6. The criminal appeal is, accordingly, allowed.
September 14, 2026
K.K. Maurya
(Abdul Shahid,J.)
Digitally signed by :-
KAMLESH KUMAR MAURYA
High Court of Judicature at Allahabad
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