The High Court dismissed the merits of the criminal appeal, which challenged quashing under the SC/ST Act. The court directed the lower court to consider bail expeditiously if appellants surrender within two weeks.
Appeal disposed with direction to lower court to consider bail expeditiously upon surrender within two weeks.
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Court No. - 93
Case :- CRIMINAL APPEAL No. - 3001 of 2023
Appellant :- Monu Yadav And Antoher Respondent :- State of U.P. and Another Counsel for Appellant :- Ajay Kumar Vashistha Counsel for Respondent :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the appellant and learned A.G.A for the State.
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 cognizance/ summoning order dated 19.04.2022 passed by the Exclusive Special Judge, (SC/ST Act), Kasganj in Case Crime No.36 of 2022, under Sections 323, 504, 506 IPC & Sections 3(1)(द), 3(1)(ध) of SC/ST Act, P.S. Amarpur, District Kasganj.
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 appellant 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 .
On the other hand, learned A.G.A. opposed the prayer.
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 two weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law.
For a period of two weeks from today, no coercive action shall be taken against the appellants.
Accordingly, the instant appeal is disposed off .
Order Date :- 4.4.2023 Shiv
Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal appeal under Section 14-A(1) of SC/ST Act for quashing proceedings should be disposed of with a direction for bail consideration upon surrender.
Colour shows how this judgement treated each authority
Satender Kumar AntilRelied on¶7
Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825 · Who else cites this
2 provisions across 2 enactments
Monu Yadav And Another
State of U.P.
Gajendra Kumar
Shiv Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
