LAWS(ALL)-2025-6-13

KAMAL BHARBHUJA Vs. STATE OF U.P.

Decided On June 20, 2025
Kamal Bharbhuja Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Rahul Mishra, learned counsel of the appellant, Sri Deepak Dubey, Advocate holding brief of Avdhesh Narayan Tiwari, learned counsel for the opposite party no.2 and Sri Ashutosh Srivastava, learned A.G.A. for the State.

(2.) This criminal appeal under Sec. 14-A(2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been filed by the appellant with a prayer to quash the order dtd. 24/1/2025, passed by the learned Additional District and Session Judge/Special Judge (S.C./S.T. Act), Mahoba in Criminal Misc. Bail Application No. 25 of 2025, (Kamal Bharbhuja Vs. State of U.P.) arising out of Case Crime No. 685 of 2024, under Ss. 108, 352, 351(3) of B.N.S. and 3(1)(da), 3(1)(dha), 3(2)(5ka), 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (as Amended under Act No. 1 of 2015), Kotwali Nagar, District-Mahoba.

(3.) Learned counsel for the appellant submits, however, initially FIR of the present case was lodged under Sec. 103 BNS and other Sec. against the appellant and another with regard to murder of the wife of the o.p. no.2 but subsequently when it was found that actually deceased committed suicide due to the abetment of the appellant then case was converted under Sec. 108 BNS.