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 entire proceedings of Sessions Case No. 1752 of 2020; State Versus Chandra Bhal Pal @ Chandu and another, arising out of Case Crime No. 350 of 2020, under Sections 147, 323, 504, 427 IPC and Section 3(1) (Dha) of SC/ST Act, relating to Police Station Jankipuram, District Lucknow, pending in the court of Special Judge, SC/ST Act, Lucknow as well as impugned charge sheet dated 26.10.2020, submitted by the Investigating Officer against the applicants in the aforesaid case crime number and impugned cognizance/ summoning order dated 1.12.2020, passed by Special Judge, SC/ST Act, Lucknow.
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 as 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 the 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 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