Disposed

Ashutosh Kumar Sisodiya v. State of U.P. and Another

Allahabad HC10 Sept 2024CRLA/6191/2024

Case brief

AI extract

What is this about?

Criminal appeal to quash a charge-sheet and summoning order under IPC sections and SC/ST Act provisions. Counsel did not press it on merits; the appeal was disposed of with a direction that if the appellant surrenders within one month and applies for bail, it be decided expeditiously per Satender Kumar Antil.

What did the court decide?

Direction to decide bail application expeditiously if appellant surrenders within one month; no coercive action against appellant during that period.

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

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Neutral Citation No. - 2024:AHC:155727

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 6191 of 2024

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Appellant :- Ashutosh Kumar Sisodiya Respondent :- State of U.P. and Another Counsel for Appellant :- Narendra Kumar,Suman Kumar Yadav Counsel for Respondent :- G.A.

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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 quash the charge-sheet dated 16.09.2023 and cognizance/summoning order dated 06.02.2024 passed by learned Special Judge, SC/ST (PA) Act, Varanasi in Special S.T. No.185 of 2024 (State vs. Manish Singh Yadav and Others) arising out of Case Crime No.0260 of 2023, under sections 147, 323, 342, 504, 506, 308 I.P.C. and section 3(1)(da), 3(1)(dha), 3(2)(5ka) of SC/ST Act, P.S. Lanka, District- Varanasi as well as to quash the entire proceedings of 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 :- 24.9.2024 Saif

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

Ashutosh Kumar Sisodiya v. State of U.P. and Another

Case brief

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Ashutosh Kumar Sisodiya v. State of U.P. and Another

Case brief

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