Arvind Giri And 3 Others vs State Of U.P. And Another
2021 Latest Caselaw 1907 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 2496 of 2021
 

 
Applicant :- Arvind Giri And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- S. A. Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

Heard counsel for the applicants and learned A.G.A. for the State.

The present application has been filed seeking quashing of the charge-sheet no. A 123 of 2020, dated 21.11.2020 along with entire proceedings in Sessions Trial No. 697 of 2020 (State Vs. Bashisht Giri and others) arising out of Case Crime No. 113 of 2020, under Sections 147, 148, 323, 504, 506 IPC and Section 3(2) (Va) of SC/ST Act, P.S. Pannuganj, District Sonbhadra.

Counsel for the applicants argues that even assuming all the allegations to be correct, no offence can be said to be made out against the applicants under Section 3(2) (Va) of SC/ST Act. He places reliance on the judgment of Hon'ble Supreme Court in the case of Khuman Singh v. State of Madhya Pradesh; judgment dated 27.8.2019 passed in Criminal Appeal No. 1283 of 2019 to buttress his submissions.

The present application is disposed off with a liberty to the applicants to file a proper application before the court concerned seeking discharge. If the applicants move a proper application before the court concerned for discharge under Section 3(2) (Va) of SC/ST Act, through counsel, within a period of three weeks from today i.e. on or before 1.3.2021, the same shall be decided by the Court concerned expeditiously, preferably within a further period of two months, in accordance with law.

Till the decision of discharge application, no coercive steps shall be taken against the applicants in the aforesaid case. In case, the application for discharge is not filed on or before 1.3.2021, this order shall come to an end automatically.

Order Date :- 2.2.2021

S. Rahman