Allowed

Mubarak Ali and Another v. State of U.P. and Another

Allahabad HC22 Aug 2024CRLA/8091/2024

Case brief

AI extract

What is this about?

Special Bench allowed the criminal appeal challenging an order that rejected a Section 311 application without proper reasoning, citing reliance on an unrelated precedent. The order was set-aside and remitted.

What did the court decide?

Impugned order dated 12.10.2022 set aside; matter remitted to learned Special Judge, SC/ST Act/Additional Sessions Judge for deciding afresh.

Mubarak Ali and Another vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:158893

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Court No. - 83 Case :- CRIMINAL APPEAL No. - 8091 of 2024 Appellant :- Mubarak Ali And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Karuna Nand Tiwari Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Manan Kumar Chaubey, learned Counsel holding brief of Sri Karuna Nand Tiwari, learned counsel for the appellants and learned AGA for the State.

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The instant appeal has been preferred for challenging the order dated 12.10.2022 passed by learned Special Judge, Exclusive Special Court (SC/ST Act)/Additional Sessions Judge, Court No. 3, Maharajganj over the application preferred at the behest of the appellants under Section 311 Cr.P.C. by way of indicating the order dated 11.02.2015 passed in Application U/S 482 No. 3878 of 2015 and the same was rejected without assigning any other cogent and plausible reasons.

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Learned counsel for the appellants sought the attention of the Court over the order dated 11.02.2015 passed in Application U/S 482 No. 3878 of 2015 by coordinate Bench of this Court, which is related to Sessions Trial No. 33 of 2014 (State vs. Vijay Rajjaq and Others), whereas order which impugned the present appeal has been passed in Sessions Trial No. 22 of 2017 (State Vs. Mubarak and Another).

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After hearing submission extended by learned counsel for the appellants, it is crystal clear that order dated 11.02.2015 passed by coordinate Bench of this Court for expediting the Sessions Trial No. 33 of 2014, is no bearing over Sessions Trial No. 22 of 2017 pertains to the appellants and as such reasons recorded for rejecting the application only on this ground is not sustainable and as such order dated 12.10.2022 is hereby set-aside and the matter is remitted back to learned Special Judge, SC/ST Act for deciding a fresh by way of recording the reasoning over the application preferred at the behest of the appellants under Section 311 Cr.P.C.

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The instant appeal stands allowed accordingly.

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Order Date :- 27.9.2024/#Vik/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Mubarak Ali and Another v. State of U.P. and Another

Case brief

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Mubarak Ali and Another v. State of U.P. and Another

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