Disposed

Vijay Sharma v. State of U.P. and Another

Allahabad HC5 Sept 2024CRLA/5113/2024

Case brief

AI extract

What is this about?

Appellant sought to quash a summoning order and trial under IPC sections 323, 504, 506 and SC/ST Act provisions. Counsel did not press the appeal on merits and sought only an expeditious bail consideration directive; the court disposed of the appeal with such a direction and a one-month reprieve from coercive action.

What did the court decide?

Direction to consider bail application expeditiously on surrender within one month; no coercive action against appellant during one month.

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

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Neutral Citation No. - 2024:AHC:144333

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 5113 of 2024 Appellant :- Vijay Sharma Respondent :- State of U.P. and Another Counsel for Appellant :- Keshari Nath Tripathi Counsel for Respondent :- Azim Ahmad Kazmi,G.A.,Khurshed Alam

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for parties.

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This criminal appeal under Section 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act') has been filed to set-aside the summoning order dated 12.03.2024 passed by learned Special Judge, SC/ST Act, Sambhal in S.S.T. No.16 of 2024 (State vs. Vijay Sharma) arising out of Case Crime No.505 of 2023, under sections 323, 504, 506 I.P.C. and sections 3(1)(Da), 3(1)(Dha), 3(2)(5ka) of SC/ST Act, P.S. Sambhal, District- Sambhal as well as to set-aside the abovementioned trial.

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At the very outset, learned counsel for appellant submitted that he is not pressing the appeal on merits and confined his prayer only to the extent that the present appeal may be disposed of finally with a direction to the court concerned that in case appellant surrenders before it and apply for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for opposite parties have no objection.

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In view of the aforesaid, the instant criminal appeal is finally disposed of with a direction to the court concerned that in case, the appellant surrenders before the court concerned within a period of one month from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.

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However, it is made clear that till one month from today, no coercive action shall be taken against the appellant herein.

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Order Date :- 5.9.2024/Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Vijay Sharma v. State of U.P. and Another

Case brief

What is this about?

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Vijay Sharma v. State of U.P. and Another

Case brief

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