Mohd. Moveen @ Mobin And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23261 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56343
 
Court No. - 29
 

 
Case :- CRIMINAL APPEAL No. - 2415 of 2023
 

 
Appellant :- Mohd. Moveen @ Mobin And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others
 
Counsel for Appellant :- Anoop Kumar Upadhyay
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Jyotsna Sharma,J.

01. This is criminal appeal filed under Section 14 A (1) of S.C. & S.T. Act challenging the order dated 20.07.2023 passed by Special Judge S.C./S.T. Act, Gonda in Session Case No.1005 of 2023 whereby the appellants have been summoned for the offence under Sections 323, 504, 506 and 427 I.P.C. and 3(1) (Da) (Dha) S.C. & S.T. Act.

02. Heard Sri Anoop Kumar Upadhyay, learned counsel for the appellants 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 is required at this stage.

04. Learned trial court has passed an order summoning the accused under Sections 323, 504, 506 and 427 I.P.C. and 3(1) (Da) (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 so as to prompt this Court to interfere in the impugned order.

05. At this juncture, the appellants pray 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 appellants surrender before the court concerned within three weeks from today and apply 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 :- 24.8.2023

Asha