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2025 DAILYLAW 133794 (ALL)

SAURABH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

CRLA/1133/2025 · 2025-04-18

Alok Mathur

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21935 Court No. - 12 Case :- CRIMINAL APPEAL No. - 1133 of 2025 Appellant :- Saurabh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Sachidanand Mishra,Anant Kumar Singh Sengar,Danish Ahsan,Kshitij Gupta Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for petitioner as well as learned Additional Government Advocate for State. 2. The present appeal has been filed for setting aside the impugned discharge dismissal order dated 06.07.2024 passed by Special Judge (SC/ST Act), Lucknow in S.T. No. 2004/2023, Case Crime No. 150/2022, whereby the application for discharge was dismissed in the absence of the counsel for the appellant and also to discharge the appellant from all proceedings arising out of Case Crime No. 150/2022 in S.T. NO. 2004/2023, U/S 279, 337, 338, 504, 506 and I.P.C. & 3(1) (Da) (Dha) of the ACt, 1989, P.s. Qaiserbagh, District Lucknow. 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 :- 18.4.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench