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2025 DAILYLAW 131451 (ALL)

BADRI @ AJAY KUMAR GAUD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. AND ANOTHER

CRLA/1004/2025 · 2025-04-03

Alok Mathur

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18605 Court No. - 12 Case :- CRIMINAL APPEAL No. - 1004 of 2025 Appellant :- Badri @ Ajay Kumar Gaud Respondent :- State Of U.P. Thru. Addl. Chief Secy. And Another Counsel for Appellant :- Santosh Kumar Tirpathi,Surekha Patel Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record. 2. The present appeal under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred assailing the summoning order 28.11.2023 passed by learned Special Judge (SC/ST Act), Lucknow in Sessions Case No. 3682 of 2023, arising out of Case Crime No. 541 of 2023, under Sections 323, 504 & 506 IPC and Section 3 (2) (v a) of the SC/ST Act, Police Station Gomti Nagar, Lucknow, as well as charge sheet dated 09.11.2023 submitted by the police in the aforesaid case and bailable warrant dated 20.01.2024. 3. Learned counsel for appellant, after arguing at some length submits that grievance of the appellant shall be redressed in case liberty is granted to the appellant 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. . (Alok Mathur, J.) Order Date :- 3.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench