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2025 DAILYLAW 132308 (ALL)

SURENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

CRLA/1044/2025 · 2025-04-07

Shree Prakash Singh

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19502 Court No. - 29 Case :- CRIMINAL APPEAL No. - 1044 of 2025 Appellant :- Surendra Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Appellant :- Mohammad Alam Counsel for Respondent :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the appellant and learned A.G.A. for the State as well as perused the record. Instant appeal under Section 14-A(1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 has been filed with prayer to quash the impugned summoning order dated 22.9.2022 passed by the court of Special Judge, S.C./S.T. Act, Lucknow in Sessions Case No. 14094/2022 arising out of Case Crime No. 241 of 20180, under Sections 323, 504 I.P.C. & Section 3(1)Da, Dha of S.C./S.T. Act, P.S.- Nigohan, District- Lucknow. Learned counsel for the appellant submits that the appellant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the appellant is not involved in committing the alleged offence as has been mentioned in the First Information Report. At this stage, learned counsel for the appellant submits that he does not want to press the appeal and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51. Learned A.G.A. has no objection to the prayer made by learned counsel for the appellant. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the appellant appears before the trial court within two weeks from today and files bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). The appeal is disposed of accordingly. Order Date :- 7.4.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench