Criminal appeal under Section 14-A(1) SC/ST Act challenging cognizance and summoning order; appeal not pressed with liberty sought to apply for bail before trial court. Quashing prayer refused but bail application direction given per Supreme Court precedent.
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Neutral Citation No. - 2024:AHC-LKO:53520
Court No. - 11
Case :- CRIMINAL APPEAL No. - 1880 of 2024
Appellant :- Atul Jaiswal And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Appellant :- D.P. Dutt Tiwari,Dinesh Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Abdul Moin,J.
Heard learned counsel for appellants as well as learned Additional Government Advocate for State-respondent No.1.
Despite notice having been issued to the respondent No.2 and the same having been served personally on him as per the office report dated 02.08.2024, nobody responds on behalf of the respondent No.2. Consequently, the Court proceeds to hear and decide the matter.
The instant criminal appeal under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed on behalf of the appellants namely Atul Jaiswal, Saurabh Jaiswal, Clinton Jaiswal and Mithilesh Gupta @ Durgesh Gupta against the impugned cognizance & summoning order dated 18.12.2023 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, District Lucknow in Session Case No.3668 of 2023 in Re State Vs. Atul Jaiswal & Others whereby the learned court has taken cognizance and summoned the appellants on the basis of police report / charge sheet filed by the police station of P.S. Dubagga, District Lucknow in pursuant to Case Crime No.115 of 2023, under Sections 323, 504, 506 of I.P.C. and Section 3(1)(Da), 3(1)(Dha) of the Act,
Learned counsel for appellants, after arguing for some time, submits that the present appeal may be dismissed as not pressed with liberty to file a bail application before the learned trial court which may be decided in view of law laid down by Supreme Court in the cases of Satender Kumar Antil versus Central Bureau of Investigation and another passed in Special Leave to Appeal (Cri) No.5191 of 2021 and Mahdoom Bava Vs. Central Bureau of Investigation arising out of S.L.P. (Crl.) No.376 of 2023 , to which learned A.G.A. has no objection.
In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the appellants appear before the trial court within two weeks' from today and apply for bail, the same shall be decided expeditiously by the learned trial court, in view of the law laid down by Supreme Court in the cases of Satender Kumar Antil's (supra) and Mahdoom Bava's (supra) .
The appeal is disposed of accordingly.
Order Date :- 5.8.2024 S. Shivhare
Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the cognizance and summoning order against the appellants should be quashed in this appeal under Section 14-A(1) SC/ST Act.
On the appeal not being pressed, whether liberty to seek bail before trial court should be granted per Satender Kumar Antil.
Colour shows how this judgement treated each authority
Satender Kumar Antil v. Central Bureau of InvestigationRelied on¶11
Satender Kumar Antil versus Central Bureau of Investigation and another passed in Special Leave to Appeal (Cri) No.5191 of 2021
Mahdoom Bava v. Central Bureau of InvestigationRelied on¶11
Mahdoom Bava Vs. Central Bureau of Investigation arising out of S.L.P. (Crl.) No.376 of 2023
6 provisions across 2 enactments
Atul Jaiswal And 3 Others
State Of U.P. Thru. Prin. Secy. Home Lko
Respondent No.2 (not named)
Abdul Moin
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
