Court No. - 45
Case :- CRIMINAL APPEAL DEFECTIVE No. - 773 of 2019 Appellant :- Mohd. Yusuf Respondent :- State Of U.P. And Another Counsel for Appellant :- Ravindra Kumar Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Singh,J.
Ref. Order on Criminal Misc.Modification/Correction Application No.1 of 2019.
The modification/correction application has been moved for modification/correction of the order dated 17.6.2019 passed by this Court.
The modification/correction application is allowed and the order dated 17.6.2019 is corrected as under:
The entire order dated 17.6.2019 is deleted and in its place the following order is passed:
"Heard Sri Ravindra Kumar, learned counsel for the appellant and Sri Abhinav Prasad, learned AGA appearing for the State and also perused the record.
This criminal appeal under Section 14 A (1) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed challenging the summoning order dated 1.5.2018 and Non bailable warrant dated 16.5.2019 passed by Additional District Judge/ Special Judge,SC/ST Act Kaushambi in Complaint Case No. 54 of 2018 (Rajesh Kumar Vs. Kamla Kant and others) under Sections 147, 323, 395, 504, 506 IPC and Section 3(1)(D) of S.C./S.T. Act, Police Station- Manjhanpur, District-Kaushambi whereby appellant has been summoned in the aforesaid sections.
Learned counsel for the appellant contended that although summon was issued by the trial court but no summon was served on appellant. Even though learned trial court has passed order issuing non bailable warrant.
Impugned order is interlocutory order, accordingly, appeal is not maintainable. In result the appeal is dismissed summarily.
However, in exercise of extraordinary jurisdiction, it is directed that if appellant appears and applies for bail, same shall be decided expeditiously according to law.
For a period of 30 days from today or till the appellant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him.
Accordingly the modification/correction application stands disposed off.
Order Date :- 21.6.2019/IA