Disposed

Radha Kishan and 5 Others v. State of U.P. and Another

Allahabad HC16 Jul 2024CRLA/4343/2024

Case brief

AI extract

What is this about?

Criminal appeal sought quashing of a Special Judge (SC/ST Act) order and trial proceedings under IPC and SC/ST Act sections. The High Court declined to decide on merits without counter affidavits, directed expeditious trial completion within 12 months, protected appellants from coercive action, and disposed of the appeal.

What did the court decide?

Trial court directed to conclude S.S.T no. 84/2022 within 12 months; no coercive action against appellants during pendency.

Radha Kishan and 5 Others vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:158219

¶2

Court No. - 83

¶3

Case :- CRIMINAL APPEAL No. - 4343 of 2024

¶4

Appellant :- Radha Kishan And 5 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Ajay Singh Sengar,Vijay Singh Sengar Counsel for Respondent :- G.A.

¶5

Hon'ble Saurabh Srivastava,J.

¶6

Sri Ankit Kumar Yadav, learned counsel for opposite party no. 2 preferred vakalatnama which is taken on record.

¶7

Heard learned counsel for the appellants, Sri Ankit Kumar Yadav, learned counsel for opposite party no. 2 and learned AGA for the State.

¶8

The instant appeal has been preferred with a prayer to quash/set aside the order dated 30.11.2023 passed by learned Special Judge (SC/ST Act), Auraiya as well as entire proceeding of S.S.T no. 84/2022, Munni Devi Vs. Radha Kishan and others under sections 452, 323, 427, 504, 506 IPC and 3(1)(r), 3(1)(s) of SC/ST Act, Police Station Ajeetmal, District Auraiya.

¶9

Learned counsel for the appellants 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 30.11.2023.

¶10

Sri Ankit Kumar Yadav, learned counsel for opposite party no. 2 and learned AGA for the State vehemently opposed the prayer sought through the instant appeal.

¶11

Be that as it may, no useful purpose shall be served by way of giving time for exchange of counter and rejoinder affidavit and keeping the matter pending before this Court and as such, learned Court of Special Judge (SC/ST Act), Auraiya is hereby directed to expedite and finalize the proceedings of S.S.T no. 84/2022, (Munni Devi Vs. Radha Kishan and others) under sections 452, 323, 427, 504, 506 IPC and 3(1)(r), 3(1)(s) of SC/ST Act, Police Station Ajeetmal, District Auraiya, as expeditiously as possible,

¶12

preferably within a period of 12 months from the date of presentation of certified copy 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.

¶13

Learned counsel for appellants assures on behalf of the appellants that they 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 they will ensure their presence as and when required by learned concerned court.

¶14

However, it is made clear that till the pendency of the above mentioned S.S.T no. 84/2022, no coercive action shall be initiated against the appellants.

¶15

The instant appeal is hereby disposed of accordingly.

¶16

Order Date :- 24.9.2024 Shaswat

¶17

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

Radha Kishan and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Radha Kishan and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ashu and Another vs State of U.P. and Another

Virendra Yadav @ Vicky vs State of U.P. and Another

Surendra Singh and 5 Others vs State of Up and Another

Kuldeep and 4 Others vs State of Up and Another

Amit Alias Amit Kumar and 3 Others vs State of Up and Another

Paras Yadav and 3 Others vs State of U.P. and Another