Disposed

Shiva Shukla v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC12 Feb 2024CRLA/409/2024

Case brief

AI extract

What is this about?

The appellant withdrew the appeal's merit, seeking permission to file a discharge application and a stay on coercive steps. The High Court permitted the discharge application to be filed within four weeks, ordered its expedited disposal, and stayed coercive steps during this period.

What did the court decide?

Permitted to move discharge application within four weeks; order for expedited disposal; no coercive steps during pendency.

Shiva Shukla vs State of U.P. Thru. Prin. Secy… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:12542

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 409 of 2024

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Appellant :- Shiva Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Brij Mohan Sahai Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the appellant and learned A.G.A.

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The present appeal under Section 14-A(2) of SC/ST Act has been filed against the impugned charge sheet no.01/2021 dated 25.10.2021, summoning order dated 9.11.2021 passed by Special Judge, SC/ST Act, Unnao in Case Crime No.96/2021 under Sections 306 I.P.C. and Section 3(2)(v) of SC/ST Act, Police Station Kotwali, District Unnao as well as entire proceeding of the Case No.1234/2021 (State Vs. Dheerendra Singh & Ors.), pending in the court of Special Judge, SC/ST Act, Unnao.

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Learned counsel for appellants submits that Investigating Officer without applying his mind, has wrongly submitted the charge sheet arraying the name of the applicant as an accused. In view of above, this appeal deserves to be allowed.

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Per contra, learned A.G.A. urged that there is sufficient evidence against the appellant and there is no occasion for quashing of the impugned summoning order and proceedings of aforesaid case.

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Having heard learned counsel for the parties, a perusal of record and in the facts and circumstances of the case, a prima facie, case is made out against the appellant. Therefore, prayer for quashing the impugned summoning order as well as proceedings of aforesaid case, is declined.

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After arguing the matter up to some length, learned counsel for the appellant submits that he does not want to press this appeal on merit and he

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confines his prayer only to the extent that he may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.

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Learned A.G.A. has no objection in grant of aforesaid prayer.

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In view of above, it is provided that appellant is permitted to move his discharge application through counsel within four weeks' from today and, in case, any such application is being filed, the same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

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Till the aforesaid period of four weeks' and during the pendency of discharge application, no coercive steps shall be taken against the appellant in the aforesaid case.

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In case of failure on the part of appellant in moving the discharge application within the aforesaid period, he will not be entitled to the benefit of this order.

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It is clarified that after disposal of discharge application, the appellant will be subject to regular process of the court concerned, including bail etc.

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With the above directions, this appeal is disposed of .

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Order Date :- 12.2.2024 Gaurav/-

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Shiva Shukla v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Shiva Shukla v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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