Allahabad High Court
Kamlesh Srivastava And Another vs State Of U.P. And Another on 4 May, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:100835
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 2552 of 2026
Kamlesh Srivastava And Another
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s)
:
Pramod Kumar Srivastava
Counsel for Respondent(s)
:
Jalaj Kumar Tripathi, G.A.
Court No. - 92
HON'BLE TEJ PRATAP TIWARI, J.
1. Heard learned counsel for the appellants, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the material on record.
2. The instant criminal appeal under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed by the appellants to set aside the proceeding of Case No.433 of 2025 (State versus Kamlesh Srivastava and others) as well as charge-sheet no. 103 of 2025 dated 5.8.2025 and cognizance order dated 19.12.2025 arising out of Case Crime No. 92 of 2025 under Sections 115(2), 352, 351(2) B.N.S. and Section 3(1)Dha, 3(2)(va) of S.C./S.T. Act, Police Station Mahewaghat, District Kaushambi, pending in the court of Additional District Judge/Special Judge (SC/ST Act), Kaushambi.
3. At the very outset, learned counsel for the appellants made a prayer to allow the appellants to file discharge application before the learned trial court concerned as the allegations made against the accused-appellants is based on the civil dispute between the parties, on which learned counsel for opposite parties have no objection.
4. In the light of the argument made by learned counsel for the parties and the prayer in accordance of their submissions, the instant criminal appeal is disposed of with the direction to the accused-appellants to prefer the application for discharge before the learned trial court. If such an application is preferred before the learned trial court by the appellants, it be disposed of within two months from the date of filing of application for discharge along with a certified copy of this order.
5. Till the disposal of the application for discharge, no coercive action shall be taken against the accused-appellants in the aforesaid case.
(Tej Pratap Tiwari,J.) May 4, 2026 MN/-