Santosh Kumar Shukla v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Court No. - 13 Case :- CRIMINAL APPEAL No. - 3414 of 2023 Appellant :- Santosh Kumar Shukla Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Priyanka Singh,Punit Kumar Shukla,Vaishnavi Gupta Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for appellant as well as learned Additional Government Advocate for State. Notices to respondent no. 2 are dispensed with in view of the proposed order. The present 482 Cr.P.C. appeal has been pleased to allow this appeal and set aside set aside the entire proceeding of Session Trial no. 1069/2007 Crime no. 11/1999 U/s 323/504 IPC and 3

(1) (X) OF S.C./S.T. Act, Police Station Pisawan, District Sitapur (State ....Vs...... Chhotey), as well as impugned Summoning order dated 19.09.2019 Learned counsel for appeal, after arguing for some time, submits that present appeal may be dismissed as not pressed with liberty to file a bail application which may be 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" to which learned A.G.A. has no objection. In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the appeal appears before the trial court within 15 days from today and applies for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra). The appeal is disposed of accordingly. Order Date :- 7.12.2023 R.C. High Court of Judicature at Allahabad, Lucknow Bench