Partly allowed

Shakil Siddiqui and 3 Others v. State of U.P. and Another

Allahabad HC19 Jul 2024CRLA/2364/2024

Case brief

AI extract

What is this about?

The High Court disposed of an interim appeal regarding a charge sheet and cognizance order in a section 3(1)(r) SC/ST Act case. Instead of deciding on merits, the court permitted appellants to file a discharge application at the trial court level, effectively staying their compelled appearance pending its disposal.

What did the court decide?

Appellant permitted to prefer discharge application before trial court; no compelled personal appearance pending disposal thereof.

Shakil Siddiqui and 3 Others vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:155517

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 2364 of 2024

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Appellant :- Shakil Siddiqui And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Furquan Ahmad (Alvi) Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for appellants and learned AGA for the State.

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In spite of service of notice as reported through learned Chief Judicial Magistrate, Kannauj, none appeared on behalf of opposite party no. 2 either in person or through counsel.

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Explanation warranted through order dated 02.09.2024 from learned Chief Judicial Magistrate, Kannauj seems to be justified and outcome of the same by way of ensuring service of notice upon opposite party no. 2 is highly satisfactory to this Court.

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The instant appeal has been preferred with a prayer to quash the charge sheet dated 11.08.2023 as well as summoning/cognizance order dated 21.12.2023 in Session Case no. 1382 of 2023 (State Vs. Shakil Siddiqui and others) arising out of Case Crime no. 212 of 2023 under sections 323, 504, 506 IPC, 3(1)(r) of SC/ST Act, PS-Kotwali Tirwa, District Kannauj pending in the court of learned Special Judge, SC/ST Act. It is further prayed to stay the further proceeding of charge sheet dated 11.08.2023 as well as summoning order dated 21.12.2023.

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Learned counsel for appellants submitted that appellants have falsely been implicated in the present case by the informant on the basis of false and concocted story and therefore, the allegations made against appellants are not tenable. Only to develop pressure upon appellants, FIR has been lodged by the informant since there is a civil dispute pertaining between appellants and informant. Appellants have no criminal history to their credit. Learned counsel for appellants further submitted that without collecting any material evidence, the concerned Investigating Officer submitted chargesheet mechanically whereupon, without applying its judicial mind, learned court concerned has taken cognizance by the order

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impugned over the chargesheet submitted by the concerned Investigation Officer in the present case and as such, the same may be quashed.

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Per contra, learned AGA for the State vehemently opposed the prayer as made in the appeal and submitted that after conducting the detailed inquiry, chargesheet has been submitted by the concerned Investigating Officer whereupon considering the material on record, learned trial court taken cognizance and as such, there is no illegality in the order impugned.

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It is apparent from the order dated 02.09.2024 that interim order has been extended in favour of appellants. In absence of any appearance on behalf of opposite party no. 2, without entering into the merits of the issue, the present appeal is disposed of finally permitting the appellants to prefer discharge application, if required, before the learned court concerned through counsel at appropriated stage taking all pleas and grounds, which are available to them, enclosing therewith the relevant documents/ evidence, which are necessary for disposal of the discharge application. If such application be filed by appellants before the learned court concerned at appropriate stage, the court concerned shall consider and decide the said application, strictly in accordance with law, by speaking and reasoned order and by affording proper opportunity of hearing to the concerning parties and pass appropriate order expeditiously.

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Till the disposal of such discharge application, appellants shall not be compelled to appear in person pursuant to the aforesaid criminal case. However, it is made clear that if the present appellants does not file any discharge application at appropriate stage, the benefit of this order shall not be extended to them.

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Order Date :- 23.9.2024 Shaswat

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

Shakil Siddiqui and 3 Others v. State of U.P. and Another

Case brief

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Shakil Siddiqui and 3 Others v. State of U.P. and Another

Case brief

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