Disposed

Surya Prakash Gupta v. State of U.P. and Another

Allahabad HC15 Jun 2023CRLA/2072/2023

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of the criminal appeal challenging a charge sheet in an SC/ST Act case. The court held no useful purpose was served in keeping the appeal pending and directed the appellant to file a discharge application under Section 227 Cr.P.C. in the court below within four weeks. Interim bail was granted pending the hearing of the discharge application.

What did the court decide?

Directing the appellant to file a discharge application under Section 227 Cr.P.C. within four weeks; interim bail granted pending the decision on the discharge application.

Surya Prakash Gupta Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:126860

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Court No. - 75

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Case :- CRIMINAL APPEAL No. - 2072 of 2023

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Appellant :- Surya Prakash Gupta Respondent :- State of U.P. and Another Counsel for Appellant :- Rajiv Kumar Singh Counsel for Respondent :- G.A.,Santosh Kumar Singh

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Hon'ble Rajeev Misra,J.

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Heard the learned counsel for appellant, the learned A.G.A. for State and Mr. Santosh Kumar Singh, the learned counsel representing first informant/opposite party-2.

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Perused the record.

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This criminal appeal under Section 14A (1) Schedule Caste and Schedule Tribe (Prevention of Atrocities Act, 1989 has been filed challenging Charge Sheet no.2 dated 15.09.2022 submitted in Case Crime No. 402 of 2021 under Sections 193, 342, 420, 465, 468, 469, 471, 120-B I.P.C. read with Section 3(2) (ii) (vi) and Section 2 (2) va and Section 4 SC/ST Act P. S. Georgetown, District-Prayagraj, Cognizance taking order/ Summoning Order dated 03.12.2022 passed by Special Judge (SC/ST Act)/Additional Sessions Judge, Allahabad in Sessions Trial No. 203 of 2022 (State Vs. Madan Yadav and others) as well as the entire proceedings of aforementioned case now pending in the Court of Special Judge (SC/ST Act)/Additional Sessions Judge, Allahabad.

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Learned counsel for appellant submits that complicity of present appellant is alleged to have surfaced in the statement of co-accused. However, the appellant cannot be prosecuted

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on the basis of the statement of co-accused alone. Referring to the judgement of Apex Court in R. P. Kapur Vs. State of Punjab, AIR 1960 SC 866, he contends that since present case is a case of no evidence, therefore, entire proceedings are liable to be quashed by this Court.

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Per contra, the learned A.G.A. for State and Mr. Santosh Kumar Singh, the learned counsel representing first informant/opposite party-2 have opposed the present criminal appeal. They submits that for the facts as noted above, interest of justice shall better be served in case a directiion is issued to appellant to move discharge application before court below under Section 227 Cr.P.C..

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When confronted with above, the learned counsel for appellant could not overcome the same.

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Having heard the learned counsel for appellant, the learned A.GA. for State, the learned counsel representing opposite party-2 and upon perusal of record, this court finds that no useful purpose shall be served in keeping this appeal pending.

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Accordingly, present appeal is disposed of finally with a direction to appellant to approach court below and file a discharge application in terms of Section 227 Cr.PC. alongiwth a certified copy of this order within a period of four weeks from today. In case such an application is filed within the time period as noted above, the same shall be decided by a reasoned and speaking order, within a period of two months thereafter.

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However, in case the appellant appears before court below

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within the aforesaid period, the court below shall grant interim bail to the appellant and thereafter, decide the discharge appellant. Interim bail granted to applicant shall come to an end immediately upon the disposal of discharge application.

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Order Date :- 15.6.2023 YK

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

Surya Prakash Gupta v. State of U.P. and Another

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Surya Prakash Gupta v. State of U.P. and Another

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