Allahabad High Court
KAPIL KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The appeal is dismissed as infructuous.
Summary
Kapil Kumar appealed to the Allahabad High Court under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, 1989, seeking to quash an order dated 06.12.2024 passed by the Special Judge, SC/ST (P.A.) in Bijnor, which had framed charges under Sections 115(2), 351(3), 352 BNS and 3(1)5‑Ka of the Act and ordered his detention. The appellant also prayed for anticipatory bail. Counsel for the appellant argued that the appeal was infructuous and should be dismissed. The court examined the record, noted that the second respondent failed to appear despite service of notice, and accepted the appellant’s submission. Consequently, the court allowed the prayer and dismissed the appeal as infructuous.
Issues considered
- Whether the appeal filed under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act is maintainable.
- Whether the appeal is infructuous and should be dismissed.
Legislation cited
- SC/ST (Prevention of Atrocities) Act, 1989 — s. 115(2), 14A(2), 3(1)5‑Ka, 351(3), 352 BNS
Subjects
- SC/ST Act
- criminal appeal
- anticipatory bail
- infructuous appeal
- Section 14A
- quashing order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 1096 of 2025
Kapil Kumar
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s) : Bhuvnesh Kumar Singh, Niraj Kumar
Shukla
Counsel for Respondent(s) : G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Jitendra Singh, Advocate holding brief of Sri Bhuvnesh
Kumar Singh, learned counsel for the appellant and Sri Birendra Pratap
Singh, learned counsel for the State/O.P. No.1 and perused the record.
3. Notice issued to the opposite party no.2 vide order dated 17.02.2025
has been served personally as per office report dated 24.03.2025. Despite
service of notice no one appears on behalf of opposite party no.2 even in
the revised list.
4. This criminal appeal under Section 14A(2) of SC/ST (Prevention of
Atrocities) Act, 1989 has been filed by the appellant Kapil Kumar, with
the prayer to allow the appeal and quashing the impugned order dated
06.12.2024 passed by learned Special Judge, SC/ST (P.A. Act), Bijnor, in
Session Trial No. 1727 of 2024 as Case Crime No. 308 of 2024, under
Section 115(2), 351(3), 352 BNS and Section 3(1)5-Ka of SC/ST Act,
P.S. Noorpur, District Bijnor and with a further prayer to release the
appellant in anticipatory bail in the aforesaid case.
5. At the very outset, learned counsel for the appellant submits that the
present appeal U/s 14A(2) of SC/ST (Prevention of Atrocities) Act be
dismissed as infructuous.
6. Prayer is allowed.
7. The appeal is dismissed as infructuous.
(Samit Gopal,J.)
May 5, 2026
M. ARIF
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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