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2025 DAILYLAW 133581 (ALL)

ABHAY RAJ SINGH AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO AND ANOTHER

CRLA/1111/2025 · 2025-04-16

Alok Mathur

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21437 Court No. - 12 Case :- CRIMINAL APPEAL No. - 1111 of 2025 Appellant :- Abhay Raj Singh And 6 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Appellant :- Rakesh Dwivedi Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the appellants, 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 27.01.2025 passed by learned Special Judge (SC/ST Act), Ambedkar Nagar in SC/ST Case No. 87 of 2024, (State Vs. Jasbir Singh and others) arising out of Case Crime No. 212 of 2024, under Sections 115 (2), 352, 191 (2), 110, 351 (2), 3 (5) of the Bhartiya Suraksha Sanhita, 2023 and Section 3 (1) (D), (Dha) & 3 (2) (v a) of the SC/ST Act, Police Station Rajesultanpur, District Ambedkar Nagar Unnao as well as charge sheet no. A-224 of 2024 dated 25.09.2024 submitted by the police in the aforesaid case. 3. Learned counsel for appellants, after arguing at some length submits that grievance of the appellants shall be redressed in case liberty is granted to the appellants 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 appear before the trial court within two weeks 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 :- 16.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench