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2025 DAILYLAW 161150 (ALL)

SANTOSH AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

CRLA/3058/2024 · 2025-03-27

Alok Mathur

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17694 Court No. - 12 Case :- CRIMINAL APPEAL No. - 3058 of 2024 Appellant :- Santosh And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Appellant :- Dileep Kumar Pathak Counsel for Respondent :- G.A.,Pankaj Kumar Singh Hon'ble Alok Mathur,J. 1. Heard learned counsel for the appellants, learned A.G.A. for the State and perused the material available on record. 2. The present appeal under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred assailing the summoning order 29.04.2024 passed by learned Special Judge (SC/ST Act), Gonda in Sessions Trial No. 402 of 2024 (State Vs. Santosh and others) arising out of Crime Crime No. 341 of 2023, under Sections 323, 504 & 506 IPC and Section 3 (1) (d) (dha) of the SC/ST Act, Police Station Motiganj, District Gonda and also to set aside the charge sheet dated 16.02.2024 and to quash the entire proceedings of the aforesaid sessions trial. 3. After arguing for sometime, learned counsel for the appellants submits that he does not want to press this appeal on merits and seeks liberty to move an application for discharge through counsel before the trial court and the same may be decided by the learned trial court in a time bound manner. 4. Accordingly, it is provided that in case, the appellants move an appropriate application for discharge through counsel before the concerned court below within a period of fifteen days from today, the same shall be considered and decided expeditiously, preferably within a period of two months in accordance with law, by the concerned trial court. 5. With the aforesaid directions, this petition is finally disposed of. . (Alok Mathur, J.) Order Date :- 27.3.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench