Nikku Kumar v. State of U.P. and Another

Court No. - 84 Case :- CRIMINAL APPEAL No. - 9633 of 2023 Appellant :- Nikku Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- Dhruv Kumar Dhuriya Counsel for Respondent :- G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J. Learned counsel for the appellant and learned A.G.A. are present. This appeal under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed with a prayer to set aside the cognizance/ summoning order dated 26.04.2023 passed by the Special Judge (SC/ST Act), Ghaziabad as well as charge sheet dated 14.02.2023 in S.S.T. No.1852 of 2023 (State Vs. Poli @ Gulshan and others) arising out of Case Crime No.1486 of 2022, under Sections 147, 452, 427, 323, 504, 506 IPC and Section 3(2) 5 Ka of SC/ST Act, Police Station-Loni, District Ghaziabad. In the Court, learned counsel for the appellant only submitted that some direction be issued to the court concerned regarding bail as the appellant wants to surrender before the trial court. The appeal is, therefore, disposed of with the direction to the trial court that if the appellant appears before the trial court within 15 days from today and moves an application for bail before the trial court, the same shall be decided as soon as possible in view of law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. Order Date :- 12.10.2023 Radhika High Court of Judicature at Allahabad