The High Court refused to quash the summoning order and prosecution proceedings under the SC/ST Act. The applicant was permitted to apply for discharge and granted a stay on coercive action for four months.
Prayer for quashing refused; applicant permitted to file for discharge; coercive action stayed for four months.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 18211 of 2022
Applicant :- Prakash Shukla And 3 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Ram Akbal Upadhyay,Jai Govind Upadhyay
Counsel for Opposite Party :- G.A.,Hemant Kumar,Pradeep Kumar Keshri
Hon'ble Om Prakash Tripathi,J.
date of production of certified copy of this order. The concerned court shall decide the application on merits, strictly in accordance with law, within a period of three months from the date of moving discharge application.
Order Date :- 6.8.2022 Priya
Digitally signed by PRIYA KUSHWAHA Date: 2022.08.10 09:31:09 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the High Court should dismiss the application to quash the summoning order and prosecution proceedings under the SC/ST Act despite allegations of mala fide intention.
Whether sufficient grounds recognized by the Supreme Court exist to justify the quashing of the charge sheet or impugned proceedings.
Whether the High Court should stay coercive action against the applicants for a specified period.
3 provisions across 3 enactments
Prakash Shukla And 3 Others
Om Prakash Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
