Jairam and 7 Others Vs State of U.P. and Another — Allahabad HC (2024) — LawSathi Research

Jairam and 7 Others Vs State of U.P. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Main relief of quashing refused; appellants granted protection from arrest for two weeks or till surrender (whichever earlier), directed to surrender within two weeks, and any bail application to be decided expeditiously by the courts below in accordance with law keeping in view Satender Kumar Antil (2021 SCC Online SC 922).

¶¶14 (judgment ¶8)

Issue for consideration

Whether the charge-sheet dated 18.12.2023, cognizance/summoning order dated 06.02.2024 and N.B.W. dated 29.04.2024 passed in Sessions Case No. 261 of 2024 should be quashed +1 more

¶¶7 (judgment ¶2)

Court's answer

Since the appellants gave up their challenge on merits and did not press any other prayer, the relief sought in the criminal appeal (quashing of the charge-sheet, cognizance/summoning order and N.B.W.) is refused.

¶¶11 (judgment ¶5)

Ratio / Principle

The appellants are directed to surrender before the concerned court below within two weeks.

¶¶12 (judgment ¶6)

Key takeaways

If the appellants apply for bail, their bail application shall be disposed of expeditiously by the courts below in accordance with law, keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922.ratio¶¶12 (judgment ¶6)
For two weeks from the date of the order or until surrender, whichever is earlier, the appellants shall not be arrested in the case.ratio¶¶13 (judgment ¶7)

Detailed headnote1 paragraphs

Criminal appeal under Section 14-A(1) of the SC/ST Act seeking quashing of charge-sheet dated 18.12.2023 in Case Crime No. 563 of 2023 (Sections 147, 148, 323, 504, 506 IPC and Sections 3(2)(va), 3(1)(da), 3(1)(dha) SC/ST Act, P.S. Sumerpur, District Hamirpur), cognizance/summoning order dated 06.02.2024 and N.B.W. dated 29.04.2024 passed by the Special Judge, SC/ST, Hamirpur in Sessions Case No. 261 of 2024. Counsel for the appellants gave up the challenge on merits and confined the prayer to protection to surrender and expeditious bail. The main relief was refused; the appellants were directed to surrender within two weeks, were protected from arrest for that period or till surrender (whichever earlier), and the courts below were directed to dispose of their bail applications expeditiously in accordance with law keeping in view Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922. Appeal disposed of.

Neutral Citation No. - 2024:AHC:139287

Court No. - 84

Case :- CRIMINAL APPEAL No. - 5184 of 2024

Appellant :- Jairam And 7 Others Respondent :- State of U.P. and Another Counsel for Appellant :- B.K. Shukla Counsel for Respondent :- Akhilesh Chandra Dwivedi,G.A.

Hon'ble Sanjay Kumar Singh,J.

1-Heard learned counsel for the appellants, learned Additional Government Advocate for the State of U.P./opposite party no.1, Mr. Akhilesh Chandra Dwivedi, learned counsel for the opposite party no.2 and perused the record.

2-This criminal appeal under Section 14-A(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellants with the prayer to quash the charge-sheet dated 18.12.2023 submitted in Case Crime No. 563 of 2023, under Sections 147, 148, 323, 504, 506 I.P.C. and Sections 3(2)(va), 3(1)(da), 3(1)(dha) of SC/ST Act, P.S. Sumerpur, District Hamirpur, Cognizance/Summoning order dated 06.02.2024 as well as N.B.W. dated 29.04.2024 passed by learned Special Judge, SC/ST, Hamirpur in Sessions Case No. 261 of 2024 (State vs. Jairam and Others) .

3-At the outset learned counsel for the appellants gave up his challenge to the aforesaid impugned charge-sheet, cognizance/summoning order, Nonbailable warrant and criminal proceedings against the appellants and confined his submission requesting to grant some protection to the appellants to surrender before the concerned court below. The learned counsel for the appellants further stated at the Bar that he is not pressing any other prayer made in this criminal appeal on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the appellants expeditiously.

4-Learned A.G.A. for the State of U.P. submits that in

case the appellants are not pressing the relief as sought for by them on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period.

5-In view of the above, the relief as sought by the appellants in the instant application is refused.

6-However considering the aforesaid alternative prayer made by learned counsel for the appellants, it is directed that the appellants shall surrender before the concerned court below within two weeks from today and in case they apply for bail, the bail application of the appellants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.

7-For the period of two weeks from today or till the time of surrender of the appellants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.

8-With the above observations and directions, the instant criminal appeal stands disposed of.

Order Date :- 29.8.2024 Saurabh

Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad