Disposed

Pradeep Kumar and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others

Allahabad HC1 May 2025CRLA/1309/2025

Case brief

AI extract

What is this about?

Appellant filed a criminal appeal under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act seeking quashing of charge sheet and summoning order. Appellant withdrew appeal and sought liberty to approach trial court for discharge. Court directed appellant to file discharge application within fifteen days, relying on Supreme Court jurisprudence, and disposed of the appeal.

What did the court decide?

Liberty granted to apppellants to move an application for discharge through counsel before the trial court within fifteen days; appeal disposed of.

Pradeep Kumar and Another Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:24971

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Court No. - 12

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Case :- CRIMINAL APPEAL No. - 1309 of 2025

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Appellant :- Pradeep Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others Counsel for Appellant :- Sachin Srivastava,Shatank Srivastava Counsel for Respondent :- G.A.

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Hon'ble Alok Mathur,J.

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Heard learned counsel for the appellants and learned A.G.A. for the State.

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The present criminal appeal under Section 14 (A) (1) of S.C./S.T. Act, has been filed by the appellants for quashing the impugned charge sheet dated 10.1.2024 arising out of case crime No.655/2023, under Sections 323, 504, 506 IPC and Section 3(2) (5-A) and 3 (1) (Da) (Dha) of S.C./S.T. Act , police station Motipur, District Bahraich as well as summoning order dated 25.9.2024 passed in Special Criminal Case No.949/2024.

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After arguing for sometime, learned counsel for the appellants submits that he does not want to press this appeal and seeks liberty to move an application for discharge through counsel before the trial court and the same may be decided by the learned trial court in view of law laid down by Supreme Court in " Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021", to which learned A.G.A. has no objection.

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Accordingly, it is provided that in case, the appellants move appropriate application for discharge through counsel before the concerned court below within a period of fifteen days from today, the same shall be considered and decided in view of law laid down by Supreme Court in " Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021" , by the concerned trial court.

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With the aforesaid directions, this appeal is finally disposed of.

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(Alok Mathur, J.

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Order Date :- 1.5.2025 RKM.

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Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Pradeep Kumar and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others

Case brief

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Pradeep Kumar and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others

Case brief

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