Allahabad High Court
Ashutosh Mali vs State Of U.P. And Another on 6 April, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:73463
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 162 of 2025
Ashutosh Mali
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s)
:
Rajeev Kumar Singh
Counsel for Respondent(s)
:
G.A.
Court No. - 53
HON'BLE ABDUL SHAHID, J.
1. Heard learned counsel for the appellant, Sri Rajeev Kumar Singh and the learned AGA for the State.
2. None is present for opposite party no.2 despite filing of vakalatnama.
3. The present criminal appeal has been preferred to set aside the impugned cognizance and summoning order dated 27.11.2024, passed by Special Judge (SC/ST Act), Prayagraj in Special Session Trial No. 271 of 2024 (State Vs. Ashutosh Mali), including charge sheet No. 5 /2022 dated 13.1.2022, arising out of Case Crime No. 257/2021 under section 323, 504, 506 IPC and Section 3(2) Va of SC/ST Act, Police Station Tharwai, District Prayagraj as well as entire proceedings of aforesaid Special Session Trial No. 271 of 2024.
4. Learned counsel for the appellant has submitted that the alleged incident took place on 26.9.2021 at 18.00 hours, whereas the information was given to the police station with huge delay and FIR was lodged on 27.9.2021 at 22.17 hours. The FIR has been lodged by the opposite party no.2 which was registered at case crime No. 257 of 2021 under Sections 147, 323, 504, 506 IPC and Section 3(2)(Va) of SC/ST Act against (1) Ashutosh Mali, (2) Lalji Mali, (3) Anand Mali and (4) 3 unknown persons.
5. The complainant has submitted in his FIR that yesterday on 26.9.2021 around 5.00 pm, he was having government ration shop and opposite party Asutosh Kumar Mali came there and has forcibly demanded ration. then the complainant had objected that today evening has become and ration will not be given and he went away. After an hour, he called the complainant to meet towards field for some work. The complainant alongwith his maternal uncle came there. As soon as they reached there, and they could understand something, then Ashutosh Mali, Lalji Mali and Anand Mali, all these three persons had hurled abuses and started beating him with Lathi-danda, due to which, Arvind Kumar and his niece made noise. Thereafter, persons of the village were collected. The opposite party threatened and after using castiest word threatened to kill, they have fled away from the spot. It is specifically submitted that due to this incident, Arvind Kumar Pasi/complainant has suffered serious injuries in his head ans his maternal uncle has also suffered several injuries in his hand.
6. After complete investigation, no charge has been filed against all three accused persons. The charge sheet has been filed only against Ashutosh Mali. The rest of two accused, Lalji and Anand Mali had been exonerated. There was no three unknown persons found in the said offence. After registration of the FIR on 27.9.2021, there is neither any medical examination of the complainant nor of his maternal uncle. First time, the medical examination of opposite party no.2/complainant took place on 2.10.2021 after six days of the incident and he has got three injuries. The injury nos. 2 and 3 are simple in nature and he had been referred for injury no.1. The other injured, Ashish Kumar was medically examined on 2.10.2021 and he has also got three simple injuries. In the X-ray of the complainant, the NAD was found, it means, no abnormality detected. The other injured Ashish Kumar has also suffered only simple injuries. The other two accused has been exonerated. The accused Lalji Mali aged about 60 years and as per statement of independent witnesses, he has not committed any offence.
7. The entire genesis is under dispute. Even in the investigation, no offence has been found against any other two named persons. All were exonerated. The charge sheet was filed only against the appellant-Ashutosh Mali and nothing contrary is brought against by the opposite party no.2. The FIR was lodged on the next day of incident i.e. 27.92021, whereas alleged incident took place on 26.9.2021. The complainant/opposite party no.2 has mentioned that he had suffered serious injury in his head whereas no medical examination was took place. For the first time, the medical examination of the injured/complainant took place on 2.10.2021 after six days of the incident. The injury nos. 2 and 3 were simple and injury no.1 was referred for X-ray of skull. In the X-ray, it was found NAD as no abnormality was detected. It is highly unbelievable that if any person has injured on his skull which is vital organ of the body, it must be medically examined on the same day because no one could afford delay if he has suffered serious injury in his head. The entire genesis of the incident is neither convincing nor cogent or corroborative with the statement of independent witnesses as well as medical report and statement of injured made by the complainant/opposite party no.2.
8. Hence, in view of all consideration, the cognizance and summoning order dated 27.11.2024, passed by Special Judge (SC/ST Act), Prayagraj in Special Session Trial No. 271 of 2024 (State Vs. Ashutosh Mali), including charge sheet No. 5 /2022 dated 13.1.2022, arising out of Case Crime No. 257/2021 under section 323, 504, 506 IPC and Section 3(2) Va of SC/ST Act, Police Station Tharwai, District Prayagraj as well as entire proceedings of aforesaid Special Session Trial No. 271 of 2024, are hereby quashed.
9. the criminal appeal stands allowed.
(Abdul Shahid,J.) April 6, 2026 sfa/