DASTGIR AND 2 OTHERS v. STATE OF U.P THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
CRLA/991/2025 · 2025-04-09
Alok Mathur
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 131232 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131232 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20792 Court No. - 12 Case :- CRIMINAL APPEAL No. - 991 of 2025 Appellant :- Dastgir And 2 Others Respondent :- State Of U.P Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Abdul Alim Khan,Mohd. Vakar Khan Counsel for Respondent :- G.A.,Suraj Saran Hon'ble Alok Mathur,J.
1. Heard Sri Abdul Alim Khan, learned counsel for the appellants as well as learned A.G.A. for the State and perused the material available on record. Sri Suraj Saran, Advocate has filed vakalatnama on behalf of respondent no. 2, same is taken on record.
2. This criminal appeal under Section 14A(1) of the SC/ST Act has been filed by the appellant against summoning order dated 05.02.2025, passed by the Special Judge (SC/ST Act, Baharaich in Special Sessions Trial No. 156 of 2025 - State Vs. Ubaidulla and Others, arising out of Case Crime No. 390 of 2024, under Sections 115(2), 352, 351(3) of BNSS and Section 3(1)(Dha) and 3(2)(V)A of SC/ST Act, Police Station - Kaiserganj, District - Bahraich.
3. After arguing the matter up to some length, learned counsel for the appellants submits that he does not want to press this appeal on merit and he confines his prayer only to the extent that appellants may be permitted to move discharge application(s) through counsel and suitable directions may be issued for expeditious disposal of the same.
4. Learned A.G.A. has no objection in grant of aforesaid prayer.
5. In view of above, it is provided that appellants are permitted to move their discharge application through counsel within four weeks' from today and in case any such application(s) is/are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.
6. Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the appellants in the aforesaid case.
7. In case of failure on the part of appellants in moving the discharge application within the aforesaid period, they will not be entitled to the benefit of this order.
8. With above directions this application stands disposed of. Order Date :- 9.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench