Devendra and 3 Others Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

Devendra and 3 Others Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

One-time direction that no coercive action be taken against the appellants for a period of two weeks; in the event of filing a bail application, the trial court to endeavour to decide it expeditiously in accordance with law considering Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

Issue for consideration

Whether the order dated 18.11.2021 of the learned Special Judge (SC/ST Act), District-Baghpat summoning the appellants in Complaint Case No.47 of 2021, and the entire proceedings of that complaint case, could be challenged in this criminal appeal (raised by the appellants but subsequently not pressed).

Ratio / Principle

The Court took note of the appellants' undertaking to appear before the court concerned within two weeks, to file a bail application and to participate in the proceedings arising out of the referred case.

Key takeaways

The appeal was disposed of with a one-time direction that no coercive action be taken against the appellants for a period of two weeks in connection with the referred case.ratio¶7
In the event of a bail application being filed, the trial court is to endeavour to decide it expeditiously in accordance with law, considering the Supreme Court judgment in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.ratio¶7

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Shyam Shamshery, J.) disposed of Criminal Appeal No. 1006 of 2022 filed by Devendra and 3 others against the order dated 18.11.2021 of the learned Special Judge (SC/ST Act), District-Baghpat summoning them in Complaint Case No.47 of 2021 (Sumit Vs. Devendra and Others) under Sections 323, 504, 506 I.P.C. and Section 3(2)(Va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Police Station Balani), together with the entire proceedings of that complaint case. Learned counsel for the appellants, on instructions, submitted that the prayers were not being pressed and that the appellants were ready to appear before the trial court and participate in the trial, seeking protection for two weeks. Taking note of the appellants' undertaking to appear within two weeks and file a bail application, the Court, by way of indulgence, disposed of the appeal with a one-time direction that no coercive action be taken against them for two weeks, and further directed that if a bail application is filed, the trial court shall endeavour to decide it expeditiously in accordance with law considering Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

Court No. - 69

Case :- CRIMINAL APPEAL No. - 1006 of 2022

Appellant :- Devendra And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Vijay Kumar Counsel for Respondent :- G.A.

Hon'ble Saurabh Shyam Shamshery,J.

This criminal appeal has been filed against the order dated 18.11.2021 passed by learned Special Judge, (SC/ST Act), District-Baghpat in Complaint Case No.47 of 2021, (Sumit Vs. Devendra and Others), under Sections 323, 504, 506 I.P.C. and Section 3 (2) (Va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station-Balani, District-Baghpat, whereby the appellants have been summoned in the aforesaid case for aforesaid offences and further challenging the entire proceedings of the aforesaid complaint case, presently pending in the court of learned Special Judge, (SC/ST Act), District-Baghpat.

Learned counsel for the appellants after arguing for some time, on instructions, submits that the appellants do not want to press the aforesaid prayers. However, he submits that the appellants are ready to appear before the trial court and participate in the trial in accordance with law and seeks protection for a period of two weeks from today.

Taking note of the undertaking given by the appellants that they shall appear before the court concerned within two weeks, to file bail application and participate in the proceedings arising out of case referred above, by way of indulgence, present appeal is disposed of with one time direction that no coercive action be taken against the appellant for a period of two weeks from today in connection with the above referred case. In the event of filing bail application, trial court will undertake all endeavour to decide the same expeditiously in accordance with law considering the judgment passed by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

Order Date :- 1.4.2022

SB

Digitally signed by SANDEEP BHATTACHARYA Date: 2022.04.01 17:18:13 IST Reason: Location: High Court of Judicature at Allahabad