Disposed

Aditya Kumar @ Aditya Verma and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC18 Jul 2023/2099/2023

Case brief

AI extract

What is this about?

In this criminal appeal filed against a summoning order, the Single Judge, relying on counsel for both parties, held the case was a counter-blast. No substantive legal issue was determined; the appellants were directed to file a discharge application before the trial court.

What did the court decide?

Appellant directed to file discharge application before trial court within one month; impugned order stayed for one month.

Aditya Kumar @ Aditya Verma and Another Vs State… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:46882

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Court No. - 29

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Case :- CRIMINAL APPEAL No. - 2099 of 2023

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Appellant :- Aditya Kumar @ Aditya Verma And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Manjusha Kapil Counsel for Respondent :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Heard learned counsel for the appellants and learned AGA for the State and perused the record.

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Present criminal appeal has been filed under section 14A(1) of Scheduled Case and Scheduled Tribes (Prevention) of Atrocities Act, 1989, against the summoning order dated 03.06.2023, passed by Special Judge SC/ST Act, Barabanki, in Sessions Case No.995 of 2022, under sections 452, 323, 504, 506, IPC, and section 3(1)(r) of SC/ST Act, Police Station Jaidpur, District Barabanki, whereby the appellants have been summoned

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It is submitted by learned counsel for the appellants it is a case of counter blast against the appellants, as the applicant no.1 has earlier given an applicant on 08.04.2022 to the concerned police station Jaidpur, Barabanki, regarding the theft of jewelry committed by Chandra Shekhar, the husband of the complainant from the house of appellants, when the applicant no.1 call the husband of complainant in his house regarding repair of some electric appliances. A copy of police report is also annexed as annexure no.4 to the present appeal.

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During the course of argument learned counsel for the appellants confined his prayer to that he may be permitted to

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file discharge application before the trial court concerned, as the case under section 3(1)(r) of SC/ST Act, is not made out.

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Learned AGA for the State opposed the prayer, but could not controvert the aforesaid conditions of counsel for the appellants.

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Considering the submission of learned counsel for the parties and perusal of record it transpires that it is a counter blast case to the earlier application dated 08.04.2022 moved by the appellant no.1. Therefore the present application is disposed of with the direction to the appellant shall moved the discharge application before the trial court concerned, within one months from today, which shall be consider by the court concerned.

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For a period of one months, the operation of the impugned order dated 03.06.2023, shall remained stayed.

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(Renu Agarwal,J.)

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Order Date :- 18.7.2023 VKG

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Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Aditya Kumar @ Aditya Verma and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Aditya Kumar @ Aditya Verma and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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