MAKSOOD ALAM @ KAPTAN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
CRLA/3586/2024 · 2025-03-07
Karunesh Singh Pawar
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 168719 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168719 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14030 Court No. - 16 Case :- CRIMINAL APPEAL No. - 3586 of 2024 Appellant :- Maksood Alam @ Kaptan And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Pravin Singh Counsel for Respondent :- G.A.,Chandra Bhanu Singh Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the appellants as well as learned Additional Government Advocate for State and perused the record.
2. None appears for the complainant-respondent No.2.
3. This appeal has been filed under Section 14A(1) of the SC/ST Act against the summoning order dated 15.10.2024 passed by Special Judge, SC/ST Act, Raebareli in Complaint Case No.36/2023 whereby the appellants have been summoned to face the trial under Section 323 IPC and Section 3(2)(v)ka of the SC/ST Act relating to P.S. Nasirabad, District Raebareli.
4. Prima facie, from perusal of the complaint as well as the statement of the witnesses under Section 202 Cr.P.C, the commission of cognizable offence appears to have been made out. The learned Magistrate has gone through the record while passing the impugned order and has not found any material to summon the appellants under Section 504 IPC however, prima facie material for commission of offence under Section 323 IPC and Section 3(2)(v) of the SC/ST Act has been found and therefore, learned magistrate has passed the impugned summoning order hence, there appears to be no illegality in the
order impugned, the appeal is devoid of merits and is accordingly dismissed.
5. At this stage, learned counsel for the appellants prays that he may be permitted to move 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, it is provided that in case the appellants-Maksood Alam @ Kaptan, Mohabbat Ali and Mahboob 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).
Order Date :- 7.3.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench