GAURAV AWASTHI @ VIVEK AWASTHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
CRLA/1659/2025 · 2025-06-03
Manish Mathur
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 142885 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142885 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34266 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1659 of 2025 Appellant :- Gaurav Awasthi @ Vivek Awasthi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Nagendra Singh,Ayush Pandey,Kuldeep Counsel for Respondent :- G.A. Hon'ble Manish Mathur,J.
1. Heard learned counsel for appellant and learned A.G.A. for State- opposite party no.1.
2. Notice to opposite party no.2 stands dispensed with.
3. By means of present criminal appeal under Section 14-A(1) of SC/ST Act, the appellant has challenged the entire proceeding of Special Case No. 907 of 2023 (State of U.P. Vs. Ram Kumar @ Kunware Pasi & others), arising out of charge sheet no. 01 of 2022, dated 17.10.2022, under Sections 323, 504, 506 I.P.C. and Section 3(1) (Da) (Dha), 3(2) (Va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Mohanlalganj, District Lucknow as well as summoning order dated 04.03.2023 passed by learned Special Judge SC/ST Act, Lucknow.
4. Learned counsel for appellant, on the basis of instructions submits that present appeal may be dismissed as not pressed with liberty to file a bail application which may be considered and 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.
5. In view of above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the appellant, namely, Gaurav Awasthi @ Vivek Awasthi appears before the trial court within 14 days from today and applies for bail, the same shall be considered and decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra). 6.Accordingly, the appeal stands disposed of. Order Date :- 3.6.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench