Sumer Singh and 2 others v. State of U.P. THRU PRINCIPAL SEC. HOME AND ANOTHER
A482/1235/2025 · 2025-02-10
Manish Kumar
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 122793 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122793 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8529 Court No. - 17 Case :- APPLICATION U/S 482 No. - 1235 of 2025 Applicant :- Sumer Singh And 2 Others Opposite Party :- State Of U.P. Thru Principal Sec. Home And Another Counsel for Applicant :- Devendra Pratap,Saad Husain,Shashank Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicants, learned A.G.A for the State and perused the records. 2. The present application under Section 482 Cr.P.C (now Section 528 B.N.S.S) has been preferred with a prayer to quash the entire proceedings of the Special Trial no. 293/2024 (State Of U.P. versus Rohit Singh and others), in Case Crime No. 268/2023, U/s- 323, 504, 506 I.P.C and 3(1)Da 3(1) Dha of S.C/ S.T act at P.S.- Sidhauli, District -Sitapur along with the summoning & Congnizance order dated 14.08.2024 and the charge sheet no.01/2023 dated 20.10.2023 pending before the Special Judge S.C/S.T act, District Sitpaur, in the interest of justice. 3. Learned counsel for the applicants has submitted that the prosecution story is not corroborated with the medical evidence which shows that the applicants have falsely been implicated. 4. It is further submitted that the applicants/petitioner no. 2 is the village pradhan and applicant no. 1 is the father of applicant no. 2 and applicant no. 3 is the brother of applicant no. 2, so the whole family has falsely been implicated by respondent no. 2 just to settle the personal score. 5. It is further submitted that the applicant no. 2 being a village Pradhan had tried to convince respondent no. 2 and her family members not to usurp the land belonging to the government, which annoyed respondent no. 2 and he falsely lodged the F.I.R against all the family members. It is further submitted that after the investigation, the chargesheet was filed in which Section 147 and Section 355 has been dropped. 6. It is further submitted that from the evidence, no offence under the provisions S.C/S.T Act is made out. 7. On the other hand, learned A.G.A has submitted that the chargesheet has been filed after the investigation and recording the statement of the independent witnesses, the
allegation under the provisions of S.C/S.T Act, cannot be said to be denied or belied after the statement of the independent witnesses. 8.
At this stage, learned counsel for applicant has relied upon the judgment of the Hon'ble Supreme Court in the Petition for Special Leave to Appeal (Crl) No. 18081 of 2024 'Musheer Alam versus State of Uttar Pradesh' dated 17.01.2025, wherein, the Hon'ble Supreme Court had given liberty to the accused to appear before the court concerned and to furnish bail to the satisfaction of the trial court as he was not arrested during the investigation and prays for the benefit of the same by making a request that the liberty may be given to applicant to approach the trial court by permitting him to furnish a bail to the satisfaction of the trial court as he was not arrested during the investigation. 9. Learned A.G.A has no objection to the submission made by learned counsel for the applicant. 10. As such, the applicant, in the light of the judgment of the Hon'ble Supreme Court, is directed to appear before the trial court concerned and to should furnish a bail bond and two sureties to the satisfaction of the trial court as there is no point in making a formal arrest as held by Hon'ble Supreme Court, though the matter pertains to the anticipatory bail. 11. With the aforesaid, the present application is disposed of. Order Date :- 10.2.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench