ANOOP KUMAR CHATURVEDI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
CRLA/1293/2025 · 2025-05-08
Alok Mathur
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 136769 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136769 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27104 Court No. - 12 Case :- CRIMINAL APPEAL No. - 1293 of 2025 Appellant :- Anoop Kumar Chaturvedi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Laxmi Kant Ojha Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J.
1. Heard learned counsel for appellant as well as learned Additional Government Advocate for State.
2. Learned counsel for appellant submits that there is a clerical error have crept up in the memo of appeal where in Section 436 has been mentioned in place of Section 435 in the memo of appeal and prays for correction of the same.
3. Accordingly, he is permitted to make necessary correction of the memo of appeal during course of the day.
4. The present appeal has been filed for setting aside the impugned summoning
order dated 14.02.2024 passed by Special Judge S.C. /S.T. (P.A.) Act, Sultanpur in Crl. Case No. 338/2021 (Ramnewaj Vs. Hareesh Upadhyay and others), U/S 147, 148, 149, 435, 427, 504, 506 IPC abd Section 3(1) (da)(dha) SC/ST Act.
5. 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.
6. 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).
7. The appeal is disposed of accordingly. (Alok Mathur, J.)
Order Date :- 8.5.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench