Citation : 2021 Latest Caselaw 1705 ALL
Judgement Date : 28 January, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- U/S 482/378/407 No. - 365 of 2021 Applicant :- Ravi Singh Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Sanjay Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the parties and the learned A.G.A. as also perused the record.
This petition has been filed by the applicant for quashing of the impugned charge sheet No.47 of 2019 dated 5.11.2019 arising out of crime No.290 of 2019 under Sections 323, 354B, 504 I.P.C. and Section 3(i)(Da), (Dha)/3(2)(va) SC/ST Act, P.S. Mohanganj, district Amethi pending in the Court of Special Judge, SC/ST Act, Raebareli.
After arguing at some length, learned counsel for applicant submits that in view of specific bar contained in Section 18(2) of SC/ST Act, he may be provided benefit of judgment of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)] and grievance of applicant would be sufficiently met in case bail application of applicant is considered expeditiously in accordance with law.
In view thereof, it is provided that if the applicant surrenders before the Court below within four weeks from today and applies for bail, the Court below will consider the same, in accordance with law in view of the observations made in the case of "Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)]."
For a period of four weeks, no coercive steps shall be taken against the applicant.
With the aforesaid, the petition is disposed of.
Order Date :- 28.1.2021
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