Disposed

Mannan Khan v. State of U.P. and Another

Allahabad HC11 May 2023CRLA/9012/2022

Case brief

AI extract

What is this about?

In a criminal appeal under Section 14-A(1) of the SC/ST Act regarding a summoning order, the High Court dismissed the main challenge but issued specific directions to the trial court for the expeditious disposal of the appellant's bail application under Section 439 Cr.P.C. if filed within thirty days.

What did the court decide?

The impugned summoning order remains in force; directions issued to the trial court to dispose of the bail application expeditiously if the appellant surrenders within 30 days.

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

¶1

Neutral Citation No. - 2023:AHC:102768

¶2

Court No. - 81

¶3

Case :- CRIMINAL APPEAL No. - 9012 of 2022

¶4

Appellant :- Mannan Khan Respondent :- State of U.P. and Another Counsel for Appellant :- Dev Prakash Sharma,Priyanka Devi Counsel for Respondent :- G.A.,Tarun Jha

¶5

Hon'ble Mohd. Faiz Alam Khan,J.

¶6

This case was mentioned earlier in the morning for being taken up out of turn and mention slip has also been provided intimating the learned counsel for the opposite party no.2 namely Tarun Jha, Advocate in writing pertaining to the fact that this appeal shall be taken out of turn in the time slot earmarked for the same, Sri Tarun Jha, Advocate has also signed on the slip.

¶7

Heard Ms. Priyanka Devi, learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.

¶8

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 this appeal and set-aside the the impugned summoning order dated 15.9.2022 passed by Special Judge SC/ST (Prevention of Atrocities) Act, Jalaun at Orai, in Complaint Case No. 31 of 2022 (Smt. Lali Vs. Mannan Khan), under Sections- 354, 504, IPC and Sections 3(2) (va) of SC/ST Act, pending in the court of Special Judge SC/ST Act, Jalaun at Orai.

¶9

Learned counsel for the appellant submits that though various prayers have been mentioned in the prayer clause of the appeal but he is confining his prayer to the tune that the appellant is intending to appears/surrenders before the trial court for the purpose of obtaining regular bail, but are having apprehension that the moment he will appear before the trial court for the purpose of obtaining regular bail, disposal of his bail application may take time and in the meantime he may be confined in the prison, which would not only jeopardize his personal liberty but also bring a bad name to his reputation. Thus appropriate directions be given to the trial court for expeditious disposal of their bail application in the light of law laid down by Hon'ble the Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773 and Aman Preet Singh Vs. C.B.I. through Director : 2021 SCC OnLine SC 941.

¶10

No objection in this regard has been made by learned A.G.A.

¶11

Keeping in view the fact that learned counsel for the appellant has confined his prayer only for issuance of appropriate directions to the trial court for expeditious disposal of bail application, which the appellants are intending to move before the trial court, the instant appeal is disposed of with direction to the trial court that if the appellant appears/surrenders before the trial court within 30 days from today and move an appropriate application for bail under Section 439 Cr.P.C., the trial court shall dispose of the same expeditiously in the light of law laid down by Hon'ble the Supreme Court in the cases of Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017, In Re: To issue certain Guidelines Regarding inadequacies and deficiencies in Criminal Trials v. State of Andhra Pradesh and others, MANU/SC/0292/2021 , Satender Kumar Antil Vs. Central Bureau of Investigation and others (Supra) and Aman Preet Singh Vs. C.B.I. through Director (Supra), after providing an opportunity of being heard to the parties, strictly in accordance with law.

¶12

Order Date :- 11.5.2023 Akbar

¶13

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

Mannan Khan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mannan Khan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Kamlesh Vs State of U.P. and 2 Others

Manjeet and Another Vs State of U.P. and Another

Girjesh Kumar Gaur and 2 Others Vs State of U.P. and Another

Bitti Devi Vs State of U.P. and 2 Others

Santosh Kumar and Another Vs State of U.P. and Another

Brahmanand Patel and 5 Others Vs State of U.P. and Another