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2025 DAILYLAW 115149 (ALL)

SANTOSH KUMAR SHARMA @ SANTOSH SHARMA AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND ANOTHER

/69/2025 · 2025-01-09

Karunesh Singh Pawar

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1719 Court No. - 16 Case :- CRIMINAL APPEAL No. - 69 of 2025 Appellant :- Santosh Kumar Sharma @ Santosh Sharma And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another Counsel for Appellant :- Shravan Kumar Verma,Kuldeep Verma,Sharda Verma Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for appellants as well as learned Additional Government Advocate for State. The present petition has been filed to quash the impugned Charge sheet dated 30-11- 2020 as well as impugned summoning order dated 09-02-2021 passed by the learned Special Judge SC/ST Act Lucknow in Session Case No.515/2021 (State Versus Santosh Kumar Sharma and others) arising from Case Crime No. 0621/2020, U/S 147, 323, 504, 506, 452 IPC and 3 (1) (Dha), 3(2) (Va) of S.C/S.T Act registered at P.S.-Mohanlalganj, District-Lucknow and also the subsequent proceedings of the case pending before the learned Special Judge SC/ST Act Lucknow Learned counsel for appellants after arguing for some time, submits that present petition may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021" to which learned A.G.A. has no objection. In view of the above, the petition is dismissed as not pressed. However, it is provided that in case the appellants Santosh Kumar Sharma @ Santosh Kumar Sharma @ Santosh Sharma, Vinod Kumar Prajapati @ Vinod Kumar, Sanjay Kumar Verma @ Sanjay, Desh Raj Lodhi @ Desh Raj, Manoj Kumar Dhanuk @ Manoj Kumar appear before the trial court within two weeks from today and apply for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra). Order Date :- 9.1.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench