Allahabad High Court
Sant Prakash And Another vs State Of U.P. Thru. Prin. Secy. Home Lko ... on 26 November, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:77718
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL APPEAL No. - 3822 of 2025
Sant Prakash And Another
.....Appellant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Lko And Another
.....Respondent(s)
Counsel for Appellant(s)
:
Bhairo Nath, Amit Bhardwaj
Counsel for Respondent(s)
:
G.A.
Court No. - 13
HON'BLE SAURABH LAVANIA, J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
Present application has been filed by the applicants for the following main relief:-
"WHEREFORE, it is most respectfully prayed that his Hon'ble Court may kindly be pleased to Quash/Set aside entire proceedings of Complaint No.106/2023, U/S 323, 504 I.P.C. and U/S-3(1)(Dha) P.S. Naveen Modern Police Thana, District-Shravasti (Radha Devi Vs. Sant Prakash & Others) pending before the court of Learned Additional District & Session Judge/Special Judge S.C./S.T. Act Shravasti and also quash/set aside the summoning Order dated 03.07.2025 and Bailable Order dated 28.08.2025 & 27.10.2025 passed by the court of Learned Additional District & Session Judge/Special Judge S.C./S.T. Act Shravasti in the interest of justice."
Considering the facts of the case, as indicated, including the allegations levelled in the FIR against the applicants and also the law on the issue which relates to offence indicated in the provisions of SC/ST Act, settled by the Hon'ble Apex Court in the case of Khuman Singh vs. State of Madhya Pradesh; AIR 2019 SCC 4030; Hitesh Verma vs. State of Uttarakhand and Another; AIR 2021 SC (Criminal) 522 as also the judgment dated 15.05.2024 passed by this Court in APPLICATION U/S 482 No. - 9000 of 2024 (Alka Sethi And Another vs. State of U.P. And 4 Others) and APPLICATION U/S 482 No. - 5607 of 2024 (Ram Nath Yadav vs. State of U.P. And Another), this Court finds that justice would suffice if the present application is disposed of with liberty to applicants to prefer appropriate application(s) including seeking discharge before the Court concerned, which shall be considered and decided expeditiously.
To the aforesaid, there is no objection.
Accordingly, the application is disposed of in following terms:-
(i) If the applicants surrender themselves before the Court concerned within three weeks from today and prefer an appropriate application seeking bail, then, the same shall be disposed of expeditiously by the Court concerned after taking note of observations made by the Hon'ble Apex Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and if the applicants failed to surrender themselves before the Court concerned within the aforesaid period, then in that event, the Court/authority concerned is at liberty to proceed in the matter in accordance with law. For the aforesaid period the the proceedings in issue shall be kept in abeyance.
(ii) After the aforesaid if an application seeking discharge is preferred then the same shall also be considered and and disposed of strictly in accordance with law expeditiously by the Court concerned.
With the aforesaid observations, the application is disposed of finally.
(Saurabh Lavania,J.)
November 26, 2025
Arti/-
