Nabi Ahmad v. State of U.P. and Another
Case brief
What is this about?
The court refused to quash the charge sheet and cognizance order in a criminal appeal under the SC/ST Act. It held that disputed factual questions cannot be appreciated at the appellate stage and directed the trial court to consider the bail application expeditiously if the appellant appears.
What did the court decide?
Direction to trial court to consider bail application expeditiously if appellant appears and surrenders within 30 days.
What the court decided
Neutral Citation No. - 2023:AHC:101198
Court No. - 81
Case :- CRIMINAL APPEAL No. - 3084 of 2023
Appellant :- Nabi Ahmad Respondent :- State of U.P. and Another Counsel for Appellant :- Manvendra Nath Singh,Vipin Gangwar Counsel for Respondent :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
As per the report of the office, the service report pertaining to the opposite party no.2 is awaited. However, since a request has been made on behalf of the appellant for issuance of an appropriate direction for consideration of his plea of bail by the Special Court with expedition, the service of notice to the opposite party no.2 is hereby dispensed with.
Heard Sri Vipin Gangwar, learned counsel for the appellant, learned A.G.A. for the State and perused the record.
The instant appeal under Section 14-A(1) of the SC/ST (Prevention of Atrocities) Act, 1989 has been filed by the appellant- Nabi Ahmad with the prayer to allow the present criminal appeal and set-aside the summoning/conginizance order dated 3.12.2022 passed by Special Judge SC/ST Act, Bareilly in Criminal Case No.2715 of 2022 (State vs. Nabi Ahmad) arising out of Case Crime No. 152 of 2022, under Sections 504, 506 I.P.C. and Sections 3(1) Da, Dha and 3(2) Va of SC/ST Act, Police Station Shergarh, District Bareilly.
Issues for consideration
2 issues framed by the court
Whether the prayer for quashing the charge-sheet and proceedings should be allowed given the prima facie case made out.
Whether the bail application should be considered and decided expeditiously in the trial court.
Parties & counsel
- appellant
Nabi Ahmad
- respondent
State of U.P.
Coram
Mohd. Faiz Alam Khan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- CRLA/3084/2023
Similar cases
Judgements on the same questions, provisions and authorities, from every court