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2025 DAILYLAW 133455 (ALL)

BENCHU VERMA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER

CRLA/1103/2025 · 2025-04-18

Alok Mathur

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22031 Court No. - 12 Case :- CRIMINAL APPEAL No. - 1103 of 2025 Appellant :- Benchu Verma And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Appellant :- Mool Chandra Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for appellants as well as learned Additional Government Advocate for State. 2. The present criminal appeal under Section 14 A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed against the summoning order dated 5.12.2024 passed by Special Judge (S.C./S.T. (P.A.) Act), Sultanpur in criminal case No.306 of 2023 at police station Peeparpur, District Amethi by which the appellants have been summoned under Sections 452, 323, 504, 506 IPC and Section 3 (2) 5 Kha, 3 (1) (Da) and (Dha) of S.C./S.T. (P.A.) Act. 3. Learned counsel for appellants, after arguing for some time, submits that present appeal 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. 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 appellants Benchu Verma, Prince Verma, Dharmendra Yadav and Ram Kailash Verma appear before the trial court within 14 days from today and apply 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 :- 18.4.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench