Sheel Kumar vs State of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 150

DIPANKAR DATTA, MANMOHAN
Sheel Kumar – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Ronika Tater, Shubhi Bhardwaj, Nikhil Chandra Jaiswal, Madhumitha Kesavan, Noor Rampal
For the Respondents: Vikas Bansal, Yasharth Kant, Sonal Kushwah, Suryaansh Kishan Razdan, Abhas Upmanyu, Anindita Pujari, Hitendra Nath Rath, Bhumika Chouksey, Shaileshwar Yadav, Radhika Mohapatra

ORDER :

1. Leave granted.

2. The High Court by the impugned judgment and order dated 10th May, 2024 has rejected the appellant’s prayer for bail in anticipation of arrest.

3. The appellant figures as an accused in FIR No. 625 of 2022 dated 20th October, 2022, registered at Police Station Kotwarli Chhibramau, District Kannauj, Uttar Pradesh for the offences punishable under Sections 420, 467, 468, 471, 506 and 120-B of the Indian Penal Code, 1860.

4. This Court on 30th September, 2024 was informed that the trial arising out of the aforesaid FIR is not progressing because of an interim stay of proceedings granted by the High Court of Allahabad while hearing a petition under Section 482 of the Code of Criminal Procedure, 1973¹ [Cr. P.C.] filed by the appellant.

5. It was noticed in the order recorded on 30th September, 2024 that the High Court while granting stay perceived the dispute between the private parties to be entirely civil in nature, which was given the flavour of a criminal offence. This Court, accordingly, wished that the said petition under Section 482 of the Cr. PC may be decided at an early date. With that in view, a request was made to the High Court by the aforesaid order

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