Disposed

Nripat Vishwkarama v. State of Up and Another

Allahabad HC12 Jan 2021CRLA/2389/2020

Case brief

AI extract

What is this about?

In Criminal Appeal No. 2389 of 2020, the High Court refused to quash the chargesheet but directed that no coercive action be taken against the appellant for four weeks if he surrenders and applies for bail, citing settled precedent.

What did the court decide?

Prayer to quash chargesheet refused. Interim protection granted for four weeks upon surrender and bail application; no coercive action permitted during this period.

Nripat Vishwkarama Vs State of Up and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL APPEAL No. - 2389 of 2020

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Appellant :- Nripat Vishwkarama Respondent :- State of U.P. and Another Counsel for Appellant :- Shyam Singh Sengar,Rajesh Kumar Counsel for Respondent :- G.A.,Nand Kishor Mishra,Shilpa Ahuja

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Hon'ble Ajit Kumar,J.

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Heard Sri Shyam Singh Sengar, learned Counsel for the appellant-applicant, learned AGA and perused the record.

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This Criminal appeal under Section 14-A(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant- Nripat Vishwkarama with the prayer to quash the chargesheet dated 7.11.2019 arising out of Case Crime No. 178 of 2019 under Sections 354, 504, 506, 427 I.P.C. and Section 3(1)Ba(1), 3(1)Da, 3(1)Dha, 3(2) (5)Ka SC/ST Act, P.S.- Panwari, District- Mahoba.

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After some arguments, learned counsel appearing for the applicant submitted that he may be granted some time to surrender and apply for bail in the court concerned and until then he may be granted interim protection and no coercive measures shall be taken in pursuance of the summoning order dated 10.7.2020.

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Learned AGA for the State states that he will not have any objection in case the applicant surrenders and applies for bail.

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Hence, the prayer for quashing the impugned order as well as entire proceedings is therefore refused.

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However, it is directed that if the applicants appear/ surrender before the court below within four weeks from today and apply for bail, their prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

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For a period of four weeks from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive

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action shall be taken against them, pursuant to the summoning order dated 10.7.2020 However in case, the applicants do not appear before the court below within the aforesaid period, the interim relief granted today shall automatically stand evaporated and court concerned shall be at liberty to proceed in accordance with law and also no application of stay extension in time or modification of this order shall be entertained.

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

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Order Date :- 12.1.2021/Deepika

Nripat Vishwkarama v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Nripat Vishwkarama v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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