Disposed

Pradeep Kumar (Charge Sheet Name Pradeep ) and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Allahabad HC20 Jun 2024CRLA/1948/2024

Case brief

AI extract

What is this about?

High Court granted interim stay of proceedings against the appellant in a criminal appeal and noted application, pending joint hearing with a co-accused's case arising from the same FIR.

What did the court decide?

Stayed impugned proceedings till next date of listing pending joint hearing with co-accused's case.

What the court decided

Pradeep Kumar (Charge Sheet Name… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 12

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Case :- CRIMINAL APPEAL No. - 1948 of 2024

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Appellant :- Pradeep Kumar (Charge Sheet Name Pradeep ) And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another

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Counsel for Appellant :- Satendra Singh Solanki,Pravin Kumar Verma,Vipin Kumar Yadav

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Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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(Crl. Misc. Application No. 1 of 2024)

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Heard learned counsel for the applicant-appellant and learned A.G.A. for the State.

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This application for interim relief has been moved in the aforesaid criminal appeal arising out of Sessions Case No. 1403 of 2023 relating to F.I.R. No. 595 of 2021, under Sections 323, 308, 504, 506 I.P.C. and Section 3(1)Da, Dha of SC/ST Act, P.S. Para, District Lucknow.

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Learned counsel for the appellant submits that applicant does not have any criminal antecedent and has falsely been implicated in the present case, but the court below failed to appreciate the evidences in correct perspective and convicted the appellant. It is further submitted that in the case of co-accused, Dharmendra Yadav @ Dharmendra, i.e., Application u/s 482 No. 5357 of 2024, impugned proceedings have been stayed by this Court vide order dated 11.06.2024. It is, thus, submitted that the appellantapplicant is also entitled to get the benefit of the aforesaid interim order dated 11.06.2024.

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Learned A.G.A. vehemently opposes the prayer of the applicant and submits that there is no illegality in the impugned order. However, he does not dispute the fact that the impugned proceedings have been stayed in the case of co-accused Dharmendra Yadav @ Dharmendra.

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Considering the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A. and

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going through the record as well as aforesaid interim order dated 11.06.2024, it is evident that the case of the applicant-appellant is identical to the co-accused Dharmendra Yadav @ Dharmendra.

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In view of above facts and circumstances, till the next date of listing, the impugned proceedings shall remain stayed in relation to the applicant.

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(On Appeal)

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Issue notice to respondent no. 2.

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In view of the fact that the instant appeal as well as Application u/s 482 No. 5357 of 2024 have arisen from the same F.I.R., but the co-accused challenged the impugned proceedings under Section 482 Cr.P.C. and the present applicant-appellant challenged the same under Section 14A (1) of the SC/ST Act, list this case along with record of Application u/s 482 No. 5357 of 2024 on 05.08.2024 before appropriate Bench after obtaining nomination from Hon'ble the Chief Justice/Hon'ble Senior Judge.

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Order Date :- 20.6.2024 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Pradeep Kumar (Charge Sheet Name Pradeep ) and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

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Pradeep Kumar (Charge Sheet Name Pradeep ) and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

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