Disposed

Shashank Shekhar Tiwari and Another v. State of U.P. and Another

Allahabad HC12 May 2023CRLA/2632/2023

Case brief

AI extract

What is this about?

The High Court disposed of an appeal under Section 14-A(1) of the SC/ST Act against a cognizance order. The appellant sought bail and questioned the applicability of the SC/ST Act, citing lack of casteist remarks and injury. The court directed the appellant to move a regular bail application within 20 days.

What did the court decide?

Directions given to the appellant to appear and move a regular bail application within 20 days for expeditious consideration by the special court.

Shashank Shekhar Tiwari and Another Vs… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:103558

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Court No. - 81

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Case :- CRIMINAL APPEAL No. - 2632 of 2023

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Appellant :- Shashank Shekhar Tiwari And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Gaurav Singh Tomar,Subhash Gosain Counsel for Respondent :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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As per the communication sent by the Chief Judicial Magistrate, Jalaun at Orai, O.P. No.2 has been sufficiently served, however, no one is present on his behalf.

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Heard Shri Subhash Gosain, learned counsel for the appellants as well as learned Additional Government Advocate for the State and perused the record.

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The instant appeal under Section 14-A(1) SC/ST (Prevention of Atrocities) Act, has been filed by the appellants with the prayer to allow the present appeal and set aside the cognizance/summoning order dated 25.1.2023 passed by learned Additional Sessions Judge/Special Judge (S.C./S.T. Act), Jalaun at Orai in Sessions Trial No. 01.2023 (State vs. Akshay Pratap Singh@ Happy Patel and Others), arising out of Case Crime No. 530 of 2022, under Sections 308,323, 504/34 I.P.C. and Section 3(1)(da) (dha) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), Police Station Kotwali Orai, District Jalaun at Orai.

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Learned counsel for the appellants has restricted his submissions only to the tune that he is ready to appear before the special court for purpose of obtaining regular bail and thus appropriate direction be given to the special court to consider peal of bail of the appellant in light of judgment passed by Hon'ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773. It is also submitted that the provisions of S.C./S.T. Act may not be attracted in the instant case, as the castiest remarks as required for invocation for the S.C./S.T. Act admittedly not given and no injury has been sustained by Vinay Gautam with regard whom the provisions of S.C./S.T. Act have been invoked.

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Learned AGA on the other hand submits that it is case where grievous injuries has been caused to the injured person on vital part of his body.

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Having regard to the request made on behalf of learned counsel for the appellant, the instant appeal is finally disposed of with the directions that if the appellant appears/surrenders before the court below within 20 days from today and move an appropriate regular bail application, his prayer for bail shall be considered and decided expeditiously by the Court below strictly in accordance with the law referred to herein above.

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Order Date :- 12.5.2023 Akbar

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Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad

Shashank Shekhar Tiwari and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shashank Shekhar Tiwari and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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