Disposed¶19

Satish Alias Kalwa and Another v. State of U.P. and Another

Allahabad HC18 Feb 2026CRLA/1720/2026

Case brief

AI extract

What is this about?

Allahabad High Court, CRLA No. 1720 of 2026, decided 19.03.2026 by Anil Kumar-X, J. Discharge application under SC/ST Act case disposed before Section 244 Cr.P.C. statements held untenable; no merits examination of impugned order dated 07.01.2026 (Special Judge SC/ST Act, Meerut, Session Case No. 19 of 2024, Sections 323/452/504/506 IPC and 3(2)5a SC/ST Act); liberty to file fresh discharge application per earlier order in Criminal Appeal No.8407 of 2024; appeal disposed.

What did the court decide?

Criminal appeal disposed of; the impugned order was not examined on merits; the appellants were left at liberty to file another discharge application at an appropriate stage as earlier directed in Criminal Appeal No.8407 of 2024. ¶19

Satish Alias Kalwa and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the filing of the discharge application by the appellants and its disposal by the learned trial court, soon after summoning under Section 204 Cr.P.C. and before the recording of statements under Section 244 Cr.P.C., was tenable in view of the direction of the coordinate Bench in Criminal Appeal No.8407 of 2024 that a discharge application may be preferred at an appropriate stage.

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Court's answer

The filing of the discharge application and its subsequent disposal by the learned trial court before the recording of statements under Section 244 Cr.P.C. is untenable; hence the said discharge application does not require any disposal on merits.

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Ratio / Principle

There is no justification to enter into the merits of the impugned order.

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Key takeaways

The appellants will be at liberty to file another discharge application at an appropriate stage, as earlier directed by this Court in Criminal Appeal No.8407 of 2024.ratio¶18

Detailed headnote1 paragraphs

Criminal appeal under Section 14-A(1) of the SC/ST (Prevention of Atrocities) Act, 1989 against judgment and order dated 07.01.2026 of the Additional District & Sessions Judge/Special Judge (SC/ST Act), Meerut in Session Case No. 19 of 2024 arising under Sections 323, 452, 504, 506 I.P.C. and 3(2)5a of the S.C./S.T. Act. The trial court had entertained and disposed of the appellants' discharge application soon after summoning them under Section 204 Cr.P.C., pursuant to the direction of a coordinate Bench of this Court in Criminal Appeal No.8407 of 2024 (order dated 4.10.2024) that a discharge application may be preferred at an appropriate stage. Held: the filing and disposal of the discharge application before the recording of statements under Section 244 Cr.P.C. was untenable; the discharge application required no disposal on merits and there was no justification to enter into the merits of the impugned order. Appeal disposed of with liberty to the appellants to file a fresh discharge application at an appropriate stage.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL APPEAL No. - 1720 of 2026

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Satish Alias Kalwa And Another

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.....Appellant(s)

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Versus

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State of U.P. and Another

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Counsel for Appellant(s)	: Anil Kumar Mishra .....Respondent(s)
Counsel for Respondent(s)	: G.A.

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Court No. - 51

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HON'BLE ANIL KUMAR-X, J.

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Heard learned counsel for the appellants and Shri R.K. Singh, learned AGA for the State.

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As per office report, notice on the respondent/informant has been served, but none has appeared on behalf of the said respondent to oppose the appeal.

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This criminal appeal under Section 14-A(1) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellants with a prayer to allow the appeal and set aside the impugned judgment and order dated 07.01.2026 passed by Additional District & Session Judge/Special Judge SC/ST Act, Meerut in Session Case No. 19 of 2024 (Amit Versus Satish), Under Sections 323, 452, 504, 506 I.P.C. and 3(2)5a of S.C./S.T. Act, Police Station-Daurala, DistrictMeerut.

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At the very outset, it will be relevant to mention that discharge application filed by the appellants was entertained by the learned trial court soon after summoning them under Section 204 Cr.P.C.

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Learned counsel for the appellants has submitted that the said discharge application was filed by the appellants in light of the directions contained in the order dated 4.10.2024 passed by this Court in Criminal Appeal No.8407 of 2024 (Satish @ Kalua & Anr. Vs. State of U.P. & Anr.).

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Perusal of the aforesaid order dated 4.10.2024 passed by this Court in

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CRLA No. 1720 of 2026

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Criminal Appeal No.8407 of 2024 clearly reflects that a coordinate Bench of this Court had passed a direction to an effect that a discharge application may be preferred by the appellants at an appropriate stage. Therefore, filing of discharge application and its subsequent disposal by the learned trial court before the recording of statements under Section 244 Cr.P..C. is untenable. Hence, the said discharge application does not require any disposal on merits. There is no justification to enter into the merits of the impugned order. However, the appellants will be at liberty to file another discharge application at an appropriate stage as earlier directed by this Court in Criminal Appeal No.8407 of 2024.

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This criminal appeal is, accordingly, disposed of .

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(Anil Kumar-X,J.)

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March 19, 2026 SK

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

Satish Alias Kalwa and Another v. State of U.P. and Another

Case brief

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Satish Alias Kalwa and Another v. State of U.P. and Another

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