Disposed

Ashok Kumar and Another v. State of U.P. and Another

Allahabad HC17 Sept 2024CRLA/5939/2024

Case brief

AI extract

What is this about?

Criminal appeal against order framing charges. Court disposed of appeal, directing appellants to file discharge application before trial court and granting personal appearance waiver during pendency.

What did the court decide?

Permitted to file discharge application; waived personal appearance until disposal.

What the court decided

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

¶1

Neutral Citation No. - 2024:AHC:162199

¶2

Court No. - 83

¶3

Case :- CRIMINAL APPEAL No. - 5939 of 2024

¶4

Appellant :- Ashok Kumar And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Lakshman Singh Counsel for Respondent :- G.A.

¶5

Hon'ble Saurabh Srivastava,J.

¶6

Heard learned counsel for appellants and learned AGA for the State. Despite service of notice, no one appeared on behalf of respondent no.2 even in the revised call.

¶7

The instant appeal has been preferred with following prayer:-

¶8

"A. Allow the present appeal and set aside the order dated 02.01.2024 passed by court of Additional Session Judge/Special Judge, SC/ST Act, Jalaun at Orai in Session Trial no. 86 of 2023 (State Vs. Ashok Kumar and others) arising out of Case Crime no. 78 of 2023 under sections 323, 342, 506 IPC and 3(1)(r)(s) of SC/ST Act, Police Station- Churkhi, District- Jalaun and or pass any other suitable and proper order which this Court may deem fit and proper in the circumstances of the case.

¶9

B. It is also further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings in Session Trial no. 86 of 2023 (State Vs. Ashok Kumar and others) arising out of Case Crime no. 78 of 2023 under sections 323/342, 506, 506 IPC and 3(1)(r)(s) of SC/ST Act, Police Station- Churkhi, District Jalaun pending in the court of Additional Session Judge/Special Judge (SC/ST Act) Orai at Jalaun during pendency of this appeal."

¶10

Learned counsel for appellants submitted that appellants have falsely been implicated in the present case by the informant on the basis of false and concocted story and therefore, the allegations made against appellant are not tenable. The present FIR has been lodged at the behest of opposite party no. 2 with the allegation that appellants attacked with lathi upon opposite party no. 2 and hurled caste abusive words against him. After investigation, Investigating Officer submitted charge sheet dated 04.09.2023 and learned concerned court took cognizance on dated 03.10.2023 and summoned the accused to face trial. Thereafter on dated 02.01.2024 charges have been framed by learned Special Judge, SC/ST Act, Jalaun at Orai against the appellants which impugned the present appeal.

¶11

It is contended that if the prosecution case seems to be true only offence under sections 323, 504, 506 IPC is made out against the appellants. Learned counsel for appellants also submitted that from perusal of entire evidence on record it is apparent that opposite party no. 2 has nowhere disclosed his caste. In support of his argument, learned counsel for appellants also relied upon judgment rendered by

¶12

Hon'ble Apex Court in case of Gorige Pentaiah vs. State of Andhra Pradesh and others, 2009 Crl.L.J.350 .

¶13

Per contra, learned AGA for the State vehemently opposed the prayer as made in the appeal and submitted that after conducting the detailed inquiry, chargesheet has been submitted by the concerned Investigating Officer whereupon considering the material on record, learned trial court has taken cognizance and framed charges and as such, there is no illegality in the order impugned.

¶14

Be that as it may, although charges have been framed but no discharge application has been preferred at the behest of appellants till today and as such since the appellants are having liberty to prefer discharge application before the learned court concerned taking all pleas and grounds, which are available to them, therefore, they should approach the learned court concerned by way of filing discharge application.

¶15

Accordingly, without entering into the merits of the issue, the present appeal is disposed of finally permitting the appellants to prefer discharge application before the learned court concerned through counsel at appropriated stage taking all pleas and grounds, which are available to them, enclosing therewith the relevant documents/ evidence, which are necessary for disposal of the discharge application. If such application be filed by appellant before the learned court concerned at appropriate stage, the court concerned shall consider and decide the said application, strictly in accordance with law, by speaking and reasoned order and by affording proper opportunity of hearing to the concerning parties and pass appropriate order as expeditiously as possible preferably within a period of two months from the date of production of certified copy of this order.

¶16

Till the disposal of such discharge application, appellants shall not be compelled to appear in person pursuant to the aforesaid criminal case. However, it is made clear that if the present appellants does not file any discharge application at appropriate stage, the benefit of this order shall not be extended to them.

¶17

Order Date :- 1.10.2024 Shaswat

¶18

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

Ashok Kumar and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Ashok Kumar and Another 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mukul Singh @ Indra Bahadur Singh and 3 Others vs State of U.P. and Another

Ajit Yadav and Another vs State of Up and Another

Sajid and 2 Others vs State of U.P. and Another

Hashim vs State of U.P. and Another

Raj Kapoor and 3 Others vs State of U.P. and Another

Avnish Kumar Rajbhar vs State of U.P. and Another