Appellant sought quashing of criminal proceedings under the Scheduled Castes Prevention of Atrocities Act and IPC. Court refused quashing but directed expedited bail application consideration.
Prayer for quashing refused; liberty granted to file bail application within 15 days for expedited consideration.
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Court No. - 89
Case :- CRIMINAL APPEAL No. - 2730 of 2022
Appellant :- Dayal Sharan Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Syed Wajid Ali,Santosh Kumar Singh Counsel for Respondent :- G.A.,Mohd. Ayub
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for appellant as well as learned Additional Government Advocate for State.
The present appeal has been filed to quash the impugned criminal proceedings in Special S.T.No.406 of 2021 State versus Dayal Sharan Singh arising out of case crime No.85 of 2021 under sections 3(2)(Va), 3(1)(da), 3(1)(dha) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act and sections 504, 506 I.P.C., P.S. Khakhreru, district Fatehpur, including charge sheet dated 3.6.2021.
Learned counsel for appellant, after arguing for some time, submits that present petition may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021, to which learned A.G.A. has no objection.
In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the appellant appears before the trial court within fifteen days from today and a bail application is filed, the same be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).
The appeal is disposed of accordingly.
Order Date :- 26.7.2022 kkb.
Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.07.26 16:00:36 IST Reason: Location: High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶7
Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021
2 provisions across 2 enactments
Dayal Sharan Singh
State of U.P.
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
