Vinod Kumar Singh And Others vs State Of U.P. And Another
2022 Latest Caselaw 10963 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 6380 of 2018
 

 
Applicant :- Vinod Kumar Singh And Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Pawan Kumar Tiwari
 
Counsel for Opposite Party :- Govt. Advocate,Ashok Kumar Yadava
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the applicant(s) as well as learned Additional Government Advocate, representing respondent no. 1-State, and gone through the record.

2. By way of this application under Section 482 CrPC the applicant(s) has/have prayed for quashing of the charge-sheet no.28/2017 dated 25.08.2017 filed in Crime No.0085 of 2017, under Sections 341, 147, 323, 504, 506 and 354(B) IPC read with Sections 3(i)10 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act lodged at Police Station Sangipur, District Pratapgarh, for quashing of the order dated 04.10.2017 by means of which the applicant has been summoned and for quashing of the proceedings of Criminal Case No.743 of 2017 (State Vs. Vinod Kumar and others), pending in the Court of learned Additional Sessions Judge, Court No.3, Pratapgarh.

3. It is submitted that the applicant nos. 3 and 4, Satyam Singh and Shivam Singh, were minor on the date of alleged incident.

4. Question of juvenility will be examined by the learned trial Court at an appropriate stage. However, considering the injury caused to victim, Mangroo, it is difficult to say that no offence is made out. Whether offence under Section 354(B) IPC and under Sections 3(I)(X) SC/ST Act or other offence are made out or not, this would also be considered by the learned trial Court at an appropriate stage. Considering the facts and circumstances of the case as well as allegation in the FIR and the charge-sheet, this Court does not find any ground to interfere with the impugned proceedings.

5. Hence, this application is hereby dismissed. However, it is provided that if the applicants surrender within 10 days from today and apply for regular bail, their bail application shall be considered in accordance with law, keeping in mind the order dated 07.10.2021 read with judgment dated 11.07.2022 of the Supreme Court rendered in the case of Satender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No.5191 of 2021, (2022) 1 SCC 676 (Aman Preet Singh Vs. C.B.I. Through Director) as well as in the case of Siddharth Vs. State of Uttar Pradesh & Anr. (Criminal Appeal No.838/2021, 2021 SCC onLine SC 615).

Order Date :- 23.8.2022

MVS/-