An appeal under the SC/ST Act was disposed of on the appellant's prayer to rely on a specific judgment, directing benefits of that order without pressing the appeal on merits.
No coercive action against appellants for 30 days.
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Neutral Citation No. - 2023:AHC-LKO:44226
Court No. - 29
Case :- CRIMINAL APPEAL No. - 2021 of 2023
Appellant :- Jiyalal And 4 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Nadeem Murtaza,Akanksha Bajpayee,Shruti Kumar Counsel for Respondent :- G.A.
Hon'ble Mrs. Renu Agarwal,J.
Heard learned counsel for the appellants and learned A.G.A for the State.
The present criminal appeal under Section 14-A (1) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989 has been moved by the appellants Jiyalal, Adhesh Kumar, Saurabh Yadav, Nikhlesh Yadav, Vinod Kumar challenging the order dated 20.04.2023 passed by the learned Special Judge S.C/S.T Act, Barabanki wherein summons have been issued against the appellants No. 1 to 4 Jiyalal, Adhesh Kumar, Saurabh Yadav, Nikhlesh Yadav under Sections 323, 504, 506, 147, 149 IPC and Section 3(1) (r), 3(1) (s), 3(2) (va) of the SC/ST Act and against the appellant No. 5 Vinod Kumar under Sections 323, 452, 354B, 504, 506, 147, 149 IPC and Section 3(1) (r), 3(1) (s), 3(2) (va) in case crime No. 581 of 2022, Police Station Safdarganj District Barabanki.
At the very outset learned counsel for the appellants submitted that she does not wish to press the appeal on merits and shall
confine her prayer that the appellants may be granted benefit of
Satyendra Kumar Antil Vs. Central Bureau of Investigation
and another reported at 2022 (1) SCC 51.
Considering the nature of relief proposed to be granted notice need not be issued to the opposite party.
In view of the above discussion the present appeal is disposed of with the direction to the appellant to appear before the court concerned within thirty days from today and for the period of 30 days no coercive action shall be taken against the appellants.
The appeal is disposed of.
(Renu Agarwal,J.)
Order Date :- 10.7.2023 Nadeem
Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether coercive action can be stayed for a period if the appeal is disposed of under Section 14-A(1) of the SC/ST Act without pressing on merits.
Colour shows how this judgement treated each authority
Satyendra Kumar Antil Vs. Central Bureau of InvestigationReferred¶10
Satyendra Kumar Antil Vs. Central Bureau of Investigation reported at 2022 (1) SCC 51 · Who else cites this
Jiyalal And 4 Others
State Of U.P.
Renu Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
