Vishnudev Patwa @ Jheen and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Vishnudev Patwa @ Jheen and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the court below that if the appellants file a bail application, it shall be heard and disposed of expeditiously in view of the settled law in Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922; the prayer to quash the summoning order was not pressed and was not granted.

Issue for consideration

Whether the impugned summoning order dated 27.07.2023 passed by the Special Judge (SC/ST Act), Basti in Complaint Case No. 143 of 2020 ought to be quashed (prayer subsequently not pressed). +1 more

Ratio / Principle

In case the appellants file a bail application before the court below, the same shall be heard and disposed of expeditiously by the court below in view of the settled law laid down in Satender Kumar Antil (supra).

Key takeaways

The criminal appeal is disposed of finally; the prayer made in the appeal (quashing of the summoning order) was not pressed and no finding was recorded on the merits of the summoning order.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Shekhar Kumar Yadav, J.) disposed of a criminal appeal under Section 14-A(1) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act directed against the summoning order dated 27.07.2023 passed by the Special Judge (SC/ST Act), Basti in Complaint Case No. 143 of 2020 (Anara Devi Vs. Vishnudev @ Jheen and another) under Sections 323, 504 IPC and 3(1)(r) SC/ST (Prevention of Atrocities) Act, Police Station Walterganj, District Basti. During arguments, counsel for the appellants did not press the prayer to quash the summoning order and confined the request to a direction to the court below to decide the appellants' bail application in view of Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922. The Court disposed of the appeal with a direction that if the appellants file a bail application before the court below, it shall be heard and disposed of expeditiously in view of the settled law in Satender Kumar Antil (supra). Decided October 14, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 8462 of 2024

Vishnudev Patwa @ Jheen And Another

.....Appellant(s)

Versus

State of U.P. and Another

Counsel for Appellant(s)	: Gaurav Kumar Shukla .....Respondent(s)
Counsel for Respondent(s)	: G.A.

Court No. - 86

HON'BLE SHEKHAR KUMAR YADAV, J.

Heard Mr. Gaurav Kumar Shukla, learned counsel for the appellant and learned A.G.A for the State as also perused the record.

The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to quash the impugned summoning order dated 27.07.2023 passed by Special Judge (S.C./S.T. Act), Basti in Complaint Case No 143 of 2020 (Anara Devi Vs. Vishnudev @ Jheen and another), under Sections 323, 504 I.P.C. and 3(1)(r) S.C./S.T. (Prevention of Atrocities) Act, Police Station- Walterganj, District- Basti with a further prayer to stay further proceedings of the aforesaid case.

During arguments, learned counsel for the appellant has submitted that he does not want to press the prayer made in the appeal. His sole prayer is that a direction may be issued to the court below to decide the bail application of the appellant in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

Considering the facts and circumstances of the case, the present appeal is disposed of with the direction that in case the appellantsfiled bail application before the court below, the same shall be heard and disposed of expeditiously by the court below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).

With the above observations, this appeal is disposed of finally.

(Shekhar Kumar Yadav,J.)

October 14, 2025 Krishna*

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