Partly allowed

Kunwar Pal Singh and Another v. State of U.P. and Another

Allahabad HC28 May 2019CRLAD/711/2019

Case brief

AI extract

What is this about?

Court condoned delay in filng criminal appeal. Dismissed plea to quash proceedings under S.C./S.T. Act, holding disputed facts not for appellate court under Section 482 Cr.P.C. Directed expedient bail consideration if appellants surrender within four weeks without coercive action in interim.

What did the court decide?

Delay condoned; appeal finally disposed of petitioning for quashing rejected; direction given for expeditious bail hearing if appellants appear and surrender within four weeks.

Kunwar Pal Singh and Another Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2019)

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Court No. - 71

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Case :- CRIMINAL APPEAL DEFECTIVE No. - 711 of 2019

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Appellant :- Kunwar Pal Singh And Another Respondent :- State Of U.P. And Another Counsel for Appellant :- Ajay Kumar Chaurasia Counsel for Respondent :- G.A.

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Hon'ble Ajit Singh,J.

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Criminal Misc. Delay Condonation Application No.1 of 2019

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Heard learned counsel for the parties.

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Cause shown for delay in filing the appeal is to the satisfaction of the Court.

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Delay is condoned. This application stands allowed.

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Order on memo of appeal

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Heard learned counsel for the appellants and learned A.G.A. for the State and perused the record.

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This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed challenging the order dated 30.4.2018 passed by learned Special Sessions Judge/(SC/ST Act), Agra as well as entire proceedings of Complaint Case No.160 of 2017(Soran Singh Vs. Kunwar Pal Singh and another), under Sections 384/511, 504, 506 IPC and Sections 3(1)(Dha) of SC/ST (P.A.) Act, Police Station Shamshabad, District Agra, whereby appellants have been summoned in the aforesaid sections.

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Learned counsel for the appellants contended that no offence is made out against the appellants and they have been falsely implicated in the present case.

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Per contra, learned A.G.A., contended that there is no infirmity or illegality in the order passed by the learned trial court.

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From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got right of discharge under Sections 227, 239, 245 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.

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The prayer for quashing the proceeding as well as order is refused.

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However, it is directed that in case the appellants appear and surrender before the court below within four weeks from today and applies for bail, their prayer for bail shall be considered and decided expeditiously in the light of the law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P . in accordance with law after hearing the public prosecutor.

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For a period of four weeks from today, no coercive action shall be taken against the appellants. However, in case, the appellants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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With the aforesaid directions, this appeal is finally disposed of.

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Order Date :- 28.5.2019 Mini

Kunwar Pal Singh and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kunwar Pal Singh and Another v. State of U.P. and Another

Case brief

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What did the court decide?

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