Disposed

Azaz Ahmad and 5 Others v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Allahabad HC7 May 2024CRLA/1561/2024

Case brief

AI extract

What is this about?

Criminal appeal filed to quash charge sheet and summoning order in caste atrocity and IPC cases. Court stayed the operation of the impugned orders until the next date of listing.

What did the court decide?

Stay granted on the implementation and operation of the impugned summoning/cognizance order dated 17.11.2023 until the next date of listing.

Azaz Ahmad and 5 Others vs State of U.P. Thru. Secy. Home… — Caste Atrocities | Allahabad HC (2024)

¶1

Court No. - 13

¶2

Case :- CRIMINAL APPEAL No. - 1561 of 2024

¶3

Appellant :- Azaz Ahmad And 5 Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Anamika Singh Counsel for Respondent :- G.A.,Abhinav Srivastava

¶4

Hon'ble Saurabh Lavania,J.

¶5

Heard Ms. Anamika Singh, learned counsel for the appellants, learned AGA for the State, Sri Abhinav Srivastava, learned counsel for the respondent No. 2.

¶6

Instant appeal under Section 14-A(1) of SC/ST Act, 1989 has been filed to quash/set-aside the charge sheet dated 29.06.2023 and summoning/cognizance order dated 17.11.2023 alongwith other consequential proceedings of Special Sessions Trial No. 1922/2023 arising out of FIR No. 186/2023, under Sections147, 323, 504, 506, 325 IPC read with Sections- 3(1)(da), 3(1)(dha) and 3(2)(va) SC/ST Act, P.S.- Antu, District- Pratapgarh and further to stay the proceedings of Special Sessions Trial No. 1922/2023.

¶7

Upon due consideration of the allegations levelled against the appellants, who belong to one family, in the FIR lodged on 16.05.2023 by respondent No. 2/Ram Kishore Harijan and medicolegal/injury report of respondent No. 2 as also the fact to the effect that daughter-in-law of the respondent No. 2 namely Radhika and wife of appellant No. 3 namely Noor Fatima contested the election of Zila Panchayat, Garwara Bazar, District- Pratapgarh in which Noor Fatima was declared elected on 13.05.2023 as also the statement of respondent No. 2, his wife and daughter-in-law respectively, which are on record, and also the observations made by the Hon'ble Apex Court in the judgment passed in the case of Ramesh Chandra Vaishya vs. State of U.P. and another reported in 2023 SCC OnLine SC 668 , this Court finds that the matter requires consideration.

¶8

Accordingly, as an interim measure, it is provided that till the next date of listing, the implementation and operation of impugned summoning/cognizance order dated 17.11.2023 shall remain stayed.

¶9

List/put up this for final disposal in the month of July, 2024.

¶10

Meanwhile, learned counsel for the respondent No. 2, if so chooses, may file response/counter affidavit in the matter.

¶11

Order Date :- 8.5.2024

¶12

Arun/-

¶13

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Azaz Ahmad and 5 Others v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Azaz Ahmad and 5 Others v. State of U.P. Thru. Secy. Home Deptt. Lko. 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

All orders in this case

Similar cases

Ram Naresh vs State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

Rahul Singh vs State of U.P. Thru. Prin. Secy. Home, Lko. and 3 Others

Rangai @ Rangai Lal vs State of U.P. Thru. Prin. Secy. Home, Lucknow and 4 Others

Atul Singh vs State of U.P. Thru. Prin. Secy. Home and Another

Aditya Kumar vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Santlal Yadav @ Santlal vs State of U.P. Thru. Addl. Chief Secy. Home Affairs Lko. and 2 Others