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2025 DAILYLAW 136930 (ALL)

MOHAMMAD IMRAN KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLA/1300/2025 · 2025-04-29

Alok Mathur

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25584 Court No. - 12 Case :- CRIMINAL APPEAL No. - 1300 of 2025 Appellant :- Mohammad Imran Khan Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Appellant :- Arshad Ahsan Siddiqui Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Arshad Ahsan Siddiqui, learned counsel for the appellant as well as learned A.G.A. for the State and perused the material available on record. 2. In the light of proposed order, notice to private respondents is dispensed with. 3. This criminal appeal under Section 14A(1) of the SC/ST Act has been filed by the appellant against the charge Sheet No. 497/2024 dated 14.12.2024 as well as summoning order dated 27.01.2025, passed by the Special Judge (SC/ST Act), Raebareli in Special Sessions Trial No. 291 of 2025 - State Vs. Mohd. Imran and Others, arising out of Case Crime No. 544 of 2024, under Sections 115(2), 352, 351(2), 117(2) of BNSS and Section 3(1)(da) and Section 3(1)(dha) of SC/ST Act, Police Station - Kotwali Nagar, District - Raebareli. Further prayer has been made to quash the bailable warrant dated 16.04.2025 issued in the aforesaid case as well as entire proceedings of the above case. 4. After arguing the matter up to some length, learned counsel for the appellant submits that he does not want to press this appeal on merit and he confines his prayer only to the extent that appellant may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same. 5. Learned A.G.A. has no objection in grant of aforesaid prayer. 6. In view of above, it is provided that appellant is permitted to move his discharge application through counsel within four weeks' from today and in case any such application is being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order. 7. Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the appellant in the aforesaid case. 8. In case of failure on the part of appellant in moving the discharge application within the aforesaid period, he will not be entitled to the benefit of this order. 9. With above directions this criminal appeal stands disposed of. Order Date :- 29.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench