Disposed

Sartaj Khan @ Kallu and 3 Others v. State of U.P. and Another

Allahabad HC21 Aug 2024CRLA/1738/2024

Case brief

AI extract

What is this about?

Criminal appeal filed seeking quashing of charge sheet and cognizance under SC/ST Act was disposed of on the condition that appellants file a bail application within 30 days, without pressing the appeal on merits.

What did the court decide?

Criminal appeal disposed; appellants allowed 30 days to surrender and apply for bail for expeditious consideration; no coercive action till then.

Sartaj Khan @ Kallu and 3 Others vs State of U.P. and… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:134258

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 1738 of 2024

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Appellant :- Sartaj Khan @ Kallu And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Ankit Singh,Saurabh Tripathi

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for parties.

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This criminal appeal under Section 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act') has been filed with a prayer to set aside/quash the charge sheet dated 28.03.2023 as well as cognizance order dated 26.09.2023 passed by learned Additional Sessions Judge/Special Judge, SC/ST (PA) Act, Court no. 2, Kanpur Dehat, District- Kanpur Dehat in Session Case No. 1838 of 2023, State vs. Sartaj Khan @ Kallu and others arising out of Case Crime No. 538/2022, under sections 452, 323, 504, 506, 354 IPC and under Section 3(2)(va) SC/ST Act, Police StationBhognipur, District- Kanpur Dehat by which learned Additional Sessions Judge/Special Judge SC/ST (PA) Act, court no. 2, Kanpur Dehat, District - Kanpur Dehat summoned the appellant under sections 452, 323, 504, 506, 354 IPC and under sections 3(2)(va) SC/ST Act.

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Learned counsel for appellants submitted that he is not pressing the appeal on merits and confined his prayer only to the extent that the present appeal may be disposed of finally with a direction to the court concerned that in case appellants surrender before it 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) to which learned counsel for opposite parties have no objection.

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In view of the aforesaid, the instant criminal appeal is finally disposed of with a direction to the court concerned that in case, the appellants surrender before the court concerned within a period of 30 days from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law.

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However, it is made clear that till 30 days from today, no coercive action shall be taken against the appellants herein.

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Order Date :- 21.8.2024 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Sartaj Khan @ Kallu and 3 Others v. State of U.P. and Another

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Sartaj Khan @ Kallu and 3 Others v. State of U.P. and Another

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