Banti @ Pravesh Kumar and Another Vs State of U.P. and Another

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Court No. - 89 Case :- CRIMINAL APPEAL No. - 3123 of 2022 Appellant :- Banti @ Pravesh Kumar And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Syed Ali Imam Counsel for Respondent :- G.A.,Pravin Kumar Mishra

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for appellants-applicant as well as learned Additional Government Advocate for State.

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The present appeal has been filed for setting aside the impugned summoning order dated 16.01.2020 passed in complaint case No. 375/2019 "Mithlesh Vs. Banti and another", under Sections 323/376D/504/506/ I.P.C. and Section 3(2)(5) of S.C./S.T. Act, P.S. Rabupura, District Gautam Budh Nagar.

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Learned counsel for appellants-applicants, after arguing for some time, submits that present appeal 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 "Hussain and another versus Union of India and others (2017)5 SCC 702", to which learned A.G.A. has no objection.

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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 appellants-applicants namely Banti @ Pravesh Kumar and Jugan @ Jugendra Singh appear before the trial court within three weeks from today and a bail application is filed, the same be decided expeditiously, in view of the law laid down by Supreme Court in Hussain's case (supra).

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The appeal is disposed of accordingly.

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Order Date :- 28.7.2022 RC

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Digitally signed by RAM CHANDER YADAV Date: 2022.07.29 10:17:22 IST Reason: Location: High Court of Judicature at Allahabad

Banti @ Pravesh Kumar and Another v. State of U.P. and Another

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Banti @ Pravesh Kumar and Another v. State of U.P. and Another

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