Vishnu vs State Of U.P. And Another
2023 Latest Caselaw 26957 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:191214
 
Court No. - 84
 

 
Case :- CRIMINAL APPEAL No. - 9897 of 2023
 

 
Appellant :- Vishnu
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Santosh Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Surendra Singh-I,J.

Heard Sri Santosh Kumar Singh, learned counsel for the appellant, learned A.G.A. for the State and perused the record.

The present Criminal Appeal under Section 14A(1) of SC/ST Act has been filed against the judgment and order dated 12.9.2018 passed by Special Judge (SC/ST) Act/Addl. Sessions Judge, court no. 2, Mathura in Special Complaint No. 47of 2018 (State vs. Vishnu and others), under sections 323, 452, 504, 506 I.P.C. and Section 3(1)s SC/ST Act, P.S. Highway, district-Mathura.

Learned counsel for the appellants has contended that present complaint has been lodged by the opposite party no. 2 against the appellants in pursuance of an application under Section 156(3) Cr.P.C. with allegation that accused-appellant along with his associates after hurling abuses with caste related words assaulted opposite party no. 2 with kicks and fits, causing injuries to him. They also threatened to kill. It is next contended that neither the opposite party no. 2 has sustained any injury nor he was medically examined by the doctor. He further contended that learned Special Judge (SC/ST) Act/Addl. Sessions Judge, court no. 2, Mathura after recording the statements of complainant and the witnesses under Sections 200 and 202 Cr.P.C. has illegally summoned the appellants. It is also contended that the appellants are absolutely innocent and they have been falsely implicated in the present case due to village factional politics. It is lastly contended that the appellant wants to surrender and apply for bail, therefore, necessary directions may be issued for expeditious disposal of his bail application.

Considering the aforesaid submission, the present appeal is disposed of with a direction that if the appellant surrenders and move an application for bail before the court below within 15 days from today, then his application shall be considered in view of the law laid down in Satendra Kumar Antil vs. Central Bureau of Investigation and Another, (2021) 10 SCC 773.

For a period of three weeks or till disposal of the bail application, whichever is earlier, no coercive action shall be taken against the appellant.

Order Date :- 4.10.2023

Faridul