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2025 DAILYLAW 121244 (ALL)

REET MAHENDRA SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

CRLA/391/2025 · 2025-02-04

Karunesh Singh Pawar

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7116 Court No. - 16 Case :- CRIMINAL APPEAL No. - 391 of 2025 Appellant :- Reet Mahendra Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Subodh Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J. 1. Heard learned counsel for appellant as well as learned Additional Government Advocate for State. 2. The present appeal under Section 14A(1) of the SC/ST Act has been filed for quashing of the order of cognizance and summoning dated 19.10.2023 passed by Special Session Judge (SC/ST), Lakhimpur Kheri in Special Sessions Trial No.341 of 2023 arising out of Case Crime No.163 of 2023, under Sections 147, 148, 323, 504, 506 IPC and Section 3(1)(da)(dha) & 3(2) (5A) of the SC/ST Act, P.S. Sampurna Nagar, District Kheri and the impugned charge-sheet dated 12.09.2023 whereby the appellant have been summoned to face the trial. 3. Learned counsel for appellant, after arguing for some time, submits that present appeal 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. 4. In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the appellant appears before the trial court within two weeks from today and applies 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). 5. The appeal is disposed of accordingly. Order Date :- 4.2.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench