Disposed

Divyansh Mishra v. State of U.P. and Another

Allahabad HC10 Apr 2023CRLA/2192/2023

Case brief

AI extract

What is this about?

Criminal Appeal No. 2192 of 2023 against a summoning order under the SC/ST Act. Appellant did not press the appeal on merits and sought a direction for expedient bail consideration. Court disposed of the appeal with a three-week stay and direction for expeditious bail decision upon surrender.

What did the court decide?

Appeal disposed; no coercive action for three weeks; lower court to decide bail expeditiously if appellant surrenders within three weeks.

Divyansh Mishra Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2023)

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Court No. - 93 Case :- CRIMINAL APPEAL No. - 2192 of 2023 Appellant :- Divyansh Mishra Respondent :- State of U.P. and Another Counsel for Appellant :- Anand Kumar Counsel for Respondent :- G.A.,Pushkar Kushwaha

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the appellant 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 01.12.2018 passed by the Special Judge, (SC/ST Act), Mirzapur as well as entire proceeding of Special Session Trial No. 110 of 2018, under Sections 452, 504, 506 IPC and Section 3(1) (r) of SC/ST Act, P.S. Kotwali Chunar District Mirzapur.

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Learned counsel for appellant 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 appellant surrender before the court below and applies for bail, his 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 appellant surrender before the court below within a period of three weeks from today and applies for bail, his 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 :- 10.4.2023 Satish

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

Divyansh Mishra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Divyansh Mishra v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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