Sitare Ali and 2 Others v. State of U.P. and Another

Court No. - 82 Case :- CRIMINAL APPEAL No. - 11698 of 2023 Appellant :- Sitare Ali And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Kamal Singh Yadav Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the appellants and learned A.G.A for the State. This criminal appeal has been preferred under Section 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act') for quashing of the charge sheet dated 14.5.2022, cognizance/summoning order dated 25.9.2023 as well as Special Session Trial No. 458 of 2023 (State vs. Sitare Ali and others) arising out of Case Crime No. 110 of 2022 under Sections 323, 504, IPC & Section 3(2) (va) of SC/ST Act, Police Station-Sarai Inayat, District Prayagraj. Learned counsel for appellants submits that he is not pressing the appeal on merits and the present appeal may be disposed of finally with the direction to the court below that in case appellants surrender before the court below and apply for bail, their bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825. Learned A.G.A. has opposed the appeal. In view of the aforesaid, the instant criminal appeal is finally disposed of with direction to the court below that in case the appellants surrender before the court below within a period of three weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law. The instant appeal is disposed of accordingly. Order Date :- 4.12.2023 Puspendra High Court of Judicature at Allahabad