Court No. - 67

Case :- CRIMINAL APPEAL No. - 3268 of 2022

Appellant :- Chhabiley @ Shafeel Ahmad And 3 Others

Respondent :- State of U.P. and Another

Counsel for Appellant :- Mohammad Hisham Qadeer,Mohammed Iftekhar

Counsel for Respondent :- G.A.

Hon'ble Rahul Chaturvedi,J.

Heard learned counsel for the appellants as well as learned A.G.A.

By means of the present appeal, the appellants are assailing the legality and

validity of the order dated 19.03.2022 whereby the appellants' discharge

application 12-Kha was rejected by learned Special Judge, SC/ST Act,

Allahabad.

Submission made by learned counsel for the appellants is that the appellants are

the charge sheeted accused persons whose interest were protected by means of

Application U/S 482 No.3514 of 2021 vide order dated 10.02.2021. The next

contention is that while passing the aforesaid order, bench of this Court has

expected that learned court below would decide the discharge application in the

light of the judgment of Khuman Singh Vs. State of M.P. reported in AIR 2019

page 4030.

Contention raised by learned counsel for the appellants is that omnibus role has

been attributed to all the accused persons and