Bhura And Anr. vs State Of U.P.
2022 Latest Caselaw 694 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- CRIMINAL APPEAL DEFECTIVE No. - 393 of 2013
 

 
Appellant :- Bhura And Anr.
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Anil Kumar Prajapati,Ram Raj
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Samit Gopal,J.

Ref: Delay Condonation Application No. 259648 of 2013

Heard Sri Anil Kumar Prajapati, learned counsel for the appellants and Sri B.B. Upadhyay, learned A.G.A. for the State and perused the record.

This appeal is reported to be beyond time by 644 days.

Vide order dated 10.09.2013, learned A.G.A. was granted time to file counter affidavit in reply to the affidavit filed in support of delay condonation application.

No counter affidavit has been filed by the State till date.

I have perused the delay condonation application and the affidavit filed in support thereof. Cause shown is sufficient. The delay condonation application is allowed.

Delay in filing the appeal is condoned.

Office to allot regular number to this appeal.

Order on appeal.

Heard learned counsels for the parties.

This criminal appeal under Section 449 Cr.P.C. has been preferred by the appellants-Bhura and Islam against the judgment and order dated 04.10.2011 passed under Section 446 Cr.P.C., in which notice has been served upon the appellants and N.B.W. and 82/83 Cr.P.C. has been initiated against the appellants by Special Judge, Gangster Court, Muzaffar Nagar, in case No. 67/05 State of U.P. Vs. Alam and others, under Section 2/3 Gangster Act, Police Station Jonsath, District Muzaffar Nagar.

It is stated that the appellant no.1 Bhura has died. The appeal in so far as appellant no. 1 is concerned, stands abated.

In so far as the appellant no.2 Islam is concerned, it is argued that none appearance of the accused Abad was because of the reason that he was in jail in another case in Muzaffar Nagar, the same said fact is mentioned in the order dated 21.12.2012 passed by the Special Judge, Gangster Act, Saharanpur. It is argued that since the accused was in jail in another case it was not possible for the appellant to produce him before the trial court. It is argued that the trial court has hurried manner initiated proceedings against the appellant under Section 446 Cr.P.C.

The appeal is allowed.

The judgment and order dated 04.10.2011 passed under Section 446 Cr.P.C., in which notice has been served upon the appellants and N.B.W. and 82/83 Cr.P.C. has been initiated against the appellants by Special Judge, Gangster Court, Muzaffar Nagar, in case No. 67/05 State of U.P. Vs. Alam and others, under Section 2/3 Gangster Act, Police Station Jonsath, District Muzaffar Nagar is set aside.

Order Date :- 7.4.2022

M. ARIF

(Samit Gopal, J.)