Nanhey Lal Verma vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 22769 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:55579
 
Court No. - 29
 

 
Case :- CRIMINAL APPEAL No. - 2391 of 2023
 

 
Appellant :- Nanhey Lal Verma
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Another
 
Counsel for Appellant :- Krishna Kumar Verma
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Jyotsna Sharma,J.

01. This is criminal appeal filed under Section 14-A (1) of the S.C. & S.T. Act challenging the summoning order dated 11.10.2021 passed by Special Judge S.C./S.T. Act, Lucknow in Case No.2090 of 2021 whereby the present appellant has been summoned under Sections 406, 504 and 506 I.P.C. and Section 3(1) (dha) S.C.& S.T. Act.

02. Heard Sri Krishna Kumar Verma, learned counsel for the revisionist and learned A.G.A. for the State.

03. I went through papers on record including impugned order. From the papers it appears that summoning order has been passed after perusal of the material produced by prosecution. No meticulous analysis of evidence required at this stage.

04. Learned trial court has passed an order summoning the accused under Sections 406, 504 and 506 I.P.C. and Section 3(1) (dha) S.C.& S.T. Act on the basis of the prosecution papers as is so clear from the order itself. I do not find any good ground to interfere in the impugned order.

05. At this juncture, the appellant prays for grant of relief in the light of judgment of the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2022 SCC OnLine SC 825.

05. Learned A.G.A. has no objection, in case the dictum given by Hon'ble Supreme Court is followed by the trial court.

06. In view of the above, it is provided that in case the appellant surrenders before the court concerned within 15 days from today and applies for bail, same shall be considered in the light of law as propounded by Hon.Supreme Court.

07. Accordingly this criminal appeal is disposed of summarily at the stage of admission.

Order Date :- 22.8.2023

Asha