It is submitted by learned counsel for the applicants that due to typographical mistake S.T. No. of the case has been written as '19/2021' while the S.T. No. '25/2021' and be permitted to correct the same.
The request of learned counsel for the applicants is accepted. He may correct the petition during the course of the day.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
By filing this petition a prayer has been made by the applicants to quash the summoning order dated 16.1.2021 passed by Additional Sessions Judge-II/ Special Judge, SC/ST Act, in Special Sessions Trial No. 25/2021 in pursuance of filing of charge sheet no. 183/2019, arising out of Case Crime No. 89 of 2019, under Sections 323, 504, 506 IPC and 3(1) (Da), (Dha) SC/ST Act, Police Station Pasgavan, District Kheri, in the name of State Vs. Abrar Ali and others.
Learned counsel for the applicants submits that the trial court without going into the depth of the matter and without perusing the material in the case diary has taken cognizance in the matter and has issued process against the applicants and even if, the allegations of the FIR and the material collected by the Investigating Officer during the course of investigation is taken on its face value, the SC/ST Act does not attract.
Learned AGA appearing for State submit that having regard to the provision contained in Section 14(A) of SC/ST Act, the instant petition is not maintainable the applicants must approach the appropriate forum by filing appeal under Section 14(A) of SC/ST Act.
At this juncture, learned counsel for the applicants submits that he may be permitted to not press the instant application and trial court be directed to dispose their bail application expeditiously.
Having regard to the submissions made by learned counsel for the applicants, the instant application is dismissed as not pressed. However, it is observed that it is the pious duty of all the criminal courts to dispose of the bail application moved by the accused persons, expeditously and therefore, it is stipulated that if any bail application is moved by the applicant before appropriate Court, the same shall be disposed of expeditiously.
Order Date :- 10.2.2021 Muk