Disposed

Sohanlal Savita v. State of U.P. and Another

Allahabad HC4 Jul 2024CRLA/3322/2024

Case brief

AI extract

What is this about?

Criminal Appeal filed to quash summoning order under IPC and SC/ST Act due to alleged non-attraction of sections. These appeal dismissed as no useful purpose would be served. Court directed lower court to expedite trial within 12 months without unnecessary adjournments. No coercive action against appellant pending trial.

What did the court decide?

Direction to expedite Special Sessions Trial within 12 months; no coercive action against appellant during pendency.

Sohanlal Savita vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:153942

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 3322 of 2024

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Appellant :- Sohanlal Savita Respondent :- State of U.P. and Another Counsel for Appellant :- Anand Pati Tiwari Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Anand Pati Tiwari, learned counsel for the appellant and learned AGA for the State.

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Although notice has been served upon opposite party no. 2 but none appeared either in person or through counsel.

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The instant appeal has been preferred with a prayer to set aside the summoning order dated 26.06.2023 passed by the Court of learned Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Auraiya passed in Special Sessions Trial no. 171 of 2022 (Sarita Vs. Sohanlal Savita) under sections 354, 504 IPC and Section 3(1)(da), 3(1)(dha) of SC/ST Act, Police Station-Auraiya, District Auraiya.

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Learned counsel for the appellant pressed all the grounds whatsoever has been taken through the instant criminal appeal through which, it has been apprised that there is hardly any attraction of sections in which the appellants have been summoned and all these grounds have not been taken into consideration while passing the order dated 26.06.2023.

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Learned AGA for the State vehemently opposed the prayer sought through the instant appeal.

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Be that as it may, no useful purpose shall be served by way of keeping the matter pending before this Court at the behest of nonappearance of opposite party no. 2 and as such, learned Court of Special Judge (SC/ST Act), Auraiya is hereby directed to expedite and finalize the proceedings of Special Sessions Trial no. 171 of 2022 (Sarita Vs. Sohanlal Savita) under sections 354, 504 IPC and Section 3(1)(da), 3(1)(dha) of SC/ST Act, Police Station-Auraiya, District Auraiya, as expeditiously as possible, preferably within a period of 12 months from the date of presentation of certified copy

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of this order before him without granting any unnecessary adjournment to either of the parties, but after giving full opportunity of hearing to both sides.

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Learned counsel for appellant assures on behalf of the appellant that appellant will fully cooperate with the learned trial court concerned for expeditious disposal of the said case and he also assures on behalf of appellants that appellant will ensure his presence as and when required by learned concerned court.

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However, it is made clear that till the pendency of the above mentioned Special Sessions Trial no. 171 of 2022 no coercive action shall be initiated against the appellant.

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The instant appeal is hereby disposed of accordingly.

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Order Date :- 18.9.2024 Shaswat

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

Sohanlal Savita v. State of U.P. and Another

Case brief

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Sohanlal Savita v. State of U.P. and Another

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