ARUN KUMAR SHUKLA AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/885/2025 · 2025-02-10
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120759 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120759 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8461 Court No. - 12 Case :- APPLICATION U/S 482 No. - 885 of 2025 Applicant :- Arun Kumar Shukla And Another Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shakti Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. Present application has been filed by the applicants for the following main relief(s):-
"Wherefore, it is most respectfully prayed that his Hon'ble Court kindly may be pleased to quash the charge sheet number 125A dated 28.12.2003, bearing S.T. No. 563 of 2018 u/s 323/504 IP.C. and section 3(1)(X) of S.C./S.T. Act P.S. - Mall, District Lucknow filed against the applicants. It is further prayed that the criminal proceedings pending against the applicants arising out of S. T. No. 563 of 2018 u/s 323/504 I.P.C. and section 3(1)(X) of S.C./S.T. Act P. S. - Mall, District Lucknow be stayed till the pendency of instant application."
3. Considering the facts of the case, as indicated, including the allegations levelled in the FIR against the applicants and also the law on the issue which relates to offence indicated in the provisions of SC/ST Act, settled by the Hon'ble Apex Court in the case of Khuman Singh vs. State of Madhya Pradesh; AIR 2019 SCC 4030; Hitesh Verma vs. State of Uttarakhand and Another; AIR 2021 SC (Criminal) 522 as also the judgment dated 15.05.2024 passed by this Court in APPLICATION U/S 482 No. - 9000 of 2024 (Alka Sethi And Another vs. State of U.P. And 4 Others) and APPLICATION U/S 482 No. - 5607 of 2024 (Ram Nath Yadav vs. State of U.P. And Another), this Court finds that justice would suffice if the present application is disposed of with liberty to applicants to prefer appropriate application(s) including seeking discharge before the Court concerned, which shall be considered and decided expeditiously.
4. To the aforesaid, there is no objection.
5. Accordingly, the application is disposed of in the following terms:-
(i) If the applicants surrender themselves before the Court concerned within three weeks from today and prefer an appropriate application seeking bail, then, the same shall be
disposed of expeditiously by the Court concerned after taking note of observations made by the Hon'ble Apex Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and if the applicants fail to surrender themselves before the Court concerned within the aforesaid period, then in that event, the Court/authority concerned is at liberty to proceed in the matter strictly in accordance with law. (ii) After the aforesaid, if an application seeking discharge is preferred, then the same shall also be considered and and
disposed of expeditiously, strictly in accordance with law by the Court concerned. (iii) For the aforesaid period, the the proceedings in issue shall be kept in abeyance.
6. With the aforesaid observations, the application is disposed of finally.
Order Date :- 10.2.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench