Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8134 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present Criminal Appeal has been filed for quashing the impugned summoning
order dated 2.2.2024 passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, 1989 Rampur in Special Case No. 19 of 2024, under Sections 420, 406, 504 I.P.C. and Section 3(1) Da, 3(1) Dha S.C./S.T. (Prevention of Atrocities) Act, Police Station- Saifni, District- Rampur, pending in the court of Special Judge S.C./S.T. Act, Rampur. 3. At the very outset, learned counsel for the applicant gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned court below to consider and decide the bail application/surrender application of the applicant expeditiously. 4. Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and want to surrender before the concerned court below, he has no objection in granting protection to him for a short period. 5. In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall file a surrender application before the concerned Court below within three weeks. On receiving the surrender application, the Court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicants and for hearing the applicant on surrender application. 6. On the date fixed by the Court concerned, the applicant will have liberty to prefer a Versus Counsel for Appellant(s) : Mohd. Shaafi, Shujauddin Counsel for Respondent(s) : G.A. Shadab .....Appellant(s) State of U.P. and Another .....Respondent(s)
bail application and a copy of the same be provided to the public prosecutor. In case, any such bail application is filed, the same shall be considered and decided by the Court below along with the surrender application, on the date fixed, in accordance with law, after hearing the informant/opposite party no.2, keeping in view the guidelines as laid down by the Hon'ble Apex Court. 7. For the period of three weeks from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 8.
With the above observations and directions, present criminal appeal stands
disposed off. September 10, 2025 RavindraKSingh CRLA No. 8134 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad