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2025 DAILYLAW 150763 (ALL)

SHYAM LAL YADAV AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

CRLA/2098/2025 · 2025-07-11

Rajnish Kumar

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39580 Court No. - 12 Case :- CRIMINAL APPEAL No. - 2098 of 2025 Appellant :- Shyam Lal Yadav And 3 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Ram Milan Yadav Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Heard Sri Ram Milan Yadav, learned counsel for the appellants and learned AGA. The only ground urged by learned counsel for the appellants is that the FIR lodged by the respondent no.2 is in counterblast to the F.I.R. lodged from the side of the appellants, whereas the incident is one and the same dated 27.12.2024 at 8.30 p.m. in the night and there are two injury reports of the side of the respondent no.2 at Page No.34 and 35 of this appeal and the medical has been done on 26.12.2024 at 12:25 and 12:15 a.m.,therefore it cannot be said that both the sides have suffered injuries. Therefore the contention is misconceived and lacks merit and this appeal is liable to be dismissed. At this stage, learned counsel for the appellant submits that he does not want to press this appeal and it may be dismissed as not pressed with liberty to appear before the concerned court and seek the benefit of the order of Hon'ble Supreme Court passed in the case of Satendra Kumar Antill Vs. Central Bureau of Investigation and Others, 2022 SCC OnLine SC 825. In view of above, this appeal is dismissed as not pressed with liberty as aforesaid. It is needless to say that in case the appellants appear before the concerned court and claim the benefit of Satendra Kumar Antill Vs. Central Bureau of Investigation and Others, 2022 SCC OnLine SC 825, before the concerned court, the concerned court is to consider the same in accordance with law. Order Date :- 11.7.2025 Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench