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2025 DAILYLAW 170006 (ALL)

VIJAY SHNAKER JAUHARI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/11651/2024 · 2025-01-02

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:89 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11651 of 2024 Applicant :- Vijay Shnaker Jauhari And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Anil Mishra,Naveen Srivastava,Vineet Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. Present application under Section 482 Cr.P.C. has been filed by the applicants for the following main relief:- "WHEREFORE, it is most respectfully prayed that his Hon'ble Court may kindly be pleased to quash the impugned Chargesheet No.01/2022, dated 15.10.2022, summoning order Dated 18.10.2024 and entire proceeding of case pending before learned trial court of Special Judge S.C./S.T. Act, Lucknow, in Crime No.111/2022, Under Sections 323, 504, 506, 354-D of 1.P.C., Section 66-C of I.T. Act, and 3(2)(va) of Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989, of Amendment 2015, Police Station : Krishna Nagar, District : Lucknow, so far as the same relate to the applicants, in the interest of law and justice. Any other suitable order or direction which this Hon'ble Court may deem fit, just and proper under the circumstances of the case also be passed in the favour of the applicants." Considering the facts of the case, as indicated, including the allegations levelled in the FIR against the applicants and also the law on the issue which relates to offence indicated in the provisions of SC/ST Act, settled by the Hon'ble Apex Court in the case of Khuman Singh vs. State of Madhya Pradesh; AIR 2019 SCC 4030; Hitesh Verma vs. State of Uttarakhand and Another; AIR 2021 SC (Criminal) 522 as also the judgment dated 15.05.2024 passed by this Court in APPLICATION U/S 482 No. - 9000 of 2024 (Alka Sethi And Another vs. State of U.P. And 4 Others) and APPLICATION U/S 482 No. - 5607 of 2024 (Ram Nath Yadav vs. State of U.P. And Another), this Court finds that justice would suffice if the present application is disposed of with liberty to applicants to prefer appropriate application(s) including seeking discharge before the Court concerned, which shall be considered and decided expeditiously. To the aforesaid, there is no objection. To the aforesaid, there is no objection. Accordingly, the application is disposed of in following terms:- (i) If the applicants surrender themselves before the Court concerned within three weeks from today and prefer an appropriate application seeking bail, then, the same shall be disposed of expeditiously by the Court concerned after taking note of observations made by the Hon'ble Apex Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and if the applicants failed to surrender themselves before the Court concerned within the aforesaid period, then in that event, the Court/authority concerned is at liberty to proceed in the matter in accordance with law. For the aforesaid period the the proceedings in issue shall be kept in abeyance. (ii) After the aforesaid if an application seeking discharge is preferred then the same shall also be considered and and disposed of strictly in accordance with law expeditiously by the Court concerned. With the aforesaid observations, the application is disposed of finally. Order Date :- 2.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench