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2025 DAILYLAW 114842 (ALL)

NATHU RAM VISHWAKARMA @ NATHU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

/53/2025 · 2025-01-07

Karunesh Singh Pawar

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1022 Court No. - 16 Case :- CRIMINAL APPEAL No. - 53 of 2025 Appellant :- Nathu Ram Vishwakarma @ Nathu And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Subhash Chandra Yadav,Ashwani Kumar Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant as well as learned Additional Government Advocate for State. Notice to respondent No.2 is dispensed with in view of the proposed order. 2.The present appeal has been filed to quash summoning order dated 27.8.2024 passed by Special Judge, SC/ST, Shravasti in complaint No.92 of 2023 Ramraji versus Nathu and othrs under sections 323, 504 I.P.C., 3(1)(dha) SC/ST (PA) Act, P.S. Sirsiya, district Shravasti. 3.Learned counsel for the appellants, after arguing for some time, submits that he does not want to press the appeal; rather he may be granted liberty to file bail application and the same may be decided in the light of judgment of Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021. 4.In view of the above, prayer for quashing is refused and the appeal is dismissed as not pressed. However, it is provided that in case the appellant files a regular bail application within two weeks from today, the same be decided expeditiously, strictly in view of the law laid down by Supreme Court in the case of Satender Kumar Antil (supra). Order Date :- 7.1.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench