Nahar Singh Parihar and 2 Others Vs State of U.P. and Another

Court No. - 93

Case :- CRIMINAL APPEAL No. - 1037 of 2023

Appellant :- Nahar Singh Parihar And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Sushil Kumar Dubey Counsel for Respondent :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the appellants, and learned A.G.A for the State.

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This criminal appeal has been preferred under Section 14-A(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act') for quashing of the entire proceedings of summoning order dated 18.01.2023 passed by the Special Judge, (SC/ST Act), Etawah in Complaint Case No.940 of 2022, under Sections 354, 323, 506 IPC and Sections 3(1) (r) (s) of SC/ST Act, P.S. Bithauli, District Etawah.

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Learned counsel for appellants submits that he is not pressing the appeal on merits and the present appeal may be disposed of finally with the direction to the court below that in case appellants surrender before the court below and apply for bail, their bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825 .

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On the other hand, learned A.G.A. opposed the prayer.

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In view of the aforesaid, the instant criminal appeal is finally disposed off with direction to the court below that in case the appellants surrender before the court below within a period of three weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law.

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For a period of three weeks from today, no coercive action shall be taken against the appellants.

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Accordingly, the instant appeal is disposed off .

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Order Date :- 5.4.2023 Shiv

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Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad

Nahar Singh Parihar and 2 Others v. State of U.P. and Another

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Nahar Singh Parihar and 2 Others v. State of U.P. and Another

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