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2025 DAILYLAW 125725 (ALL)

CHAAND BABU KHAN @ RAJA @ CHAAND BABU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND ANOTHER

CRLA/671/2025 · 2025-02-27

Karunesh Singh Pawar

Criminal Appealbody2025

Judgment text

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Court No. - 16 Case :- CRIMINAL APPEAL No. - 671 of 2025 Appellant :- Chaand Babu Khan @ Raja @ Chaand Babu Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Appellant :- Hari Om Gupta,Om Prakash Gupta Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for appellant as well as learned Additional Government Advocate for State. The present petition has been filed to quash/set-aside the impugned charge sheet dated 16.2.2020 arising out of Case Crime No.477/2019, under sections-323, 504, 506 IPC and section 3 (2)(v-a) SC/ST Act, Police Station Vibhuti Khand, District Lucknow as well as cognizance/summoning order dated 3.7.2020 passed by learned Special Judge, SC/ST Act, Lucknow in Sessions Case No.725/2020 (State Versus Chand Babu Khan @Raja & Others) including entire criminal proceeding thereof, as contained in Annexure No.1&2 respectively to this Criminal Appeal. Learned counsel for appellant, 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 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). Order Date :- 27.2.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench