Disposed

Nanku and 4 Other v. State of U.P. and Another

Allahabad HC19 Jun 2023CRLA/3850/2023

Case brief

AI extract

What is this about?

The appellant surrendered their challenge to quashing proceedings against an SC/ST Act case and requested protection to surrender. The court directed surrender within four weeks and expedited bail hearing, staying the N.B.W. order. The appeal is disposed of.

What did the court decide?

Directing appellants to surrender within four weeks; N.B.W. order stayed; bail applications to be disposed expeditiously.

Nanku and 4 Other Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:127239

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Court No. - 47

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Case :- CRIMINAL APPEAL No. - 3850 of 2023

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Appellant :- Nanku And 4 Other Respondent :- State of U.P. and Another Counsel for Appellant :- Brijesh Kumar Pal,Deepak Singh Patel Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Learned counsel for the appellants is permitted to correct the prayer clause during the course of the day.

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Sri N.K. Singh and Sri Prakash Chandra, learned counsel has filed Vakaltnama on behalf of complainant in Court today is taken on record.

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Heard learned counsel for the appellants, learned counsel for the complainant, learned A.G.A. for the State and perused the record.

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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, including the N.B.W. order dated 19.02.2015 passed by Additional District Judge, SC/ST Act, Kaushambi in Case No.160 of 2019 (State Vs. Bhagwandeen & others), arising out of Case Crime No.142 of 1996, under Sections 147, 323, 504, 506, 427 IPC and Section 3/4 SC/ST Act, Police Station Pipari, District Kaushambi, pending in the court of Additional District Judge, SC/ST Act, Kaushambi.

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After arguing the matter at some length, learned counsel for the appellants gave up his challenge to the aforesaid entire proceedings against the appellants and confined his submission requesting to grant some protection to the appellants to surrender before the concerned Court below. The learned counsel for the appellants further stated at the Bar that he is not pressing any other prayer made in this appeal on merits and prayed that a direction at the outset may be issued to the concerned courts below to consider and decide the bail application of the appellants expeditiously.

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Learned A.G.A. as well as learned counsel for the complainant submit that in case the appellants are not pressing the relief as

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sought for by him on merits and wants to surrender before the concerned court below, he has no objection in granting protection to them for a short period.

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the appellants, it is directed that the appellants shall surrender before the concerned court below within four weeks from today and in case apply for bail, the bail application of the appellants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.

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For the period of four weeks from today or till the time of surrender of the appellants before the concerned court below, whichever is earlier, the NBW order dated 19.02.2015 shall remain in abeyance.

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With the above observations/directions, this criminal appeal is disposed of.

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Order Date :- 19.6.2023 Mini

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Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad

Nanku and 4 Other v. State of U.P. and Another

Case brief

What is this about?

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Nanku and 4 Other v. State of U.P. and Another

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