Gaya Prasad And Others vs State Of U.P.
2022 Latest Caselaw 19392 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- CRIMINAL APPEAL No. - 810 of 1995
 

 
Appellant :- Gaya Prasad And Others
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Ran Jeet Singh
 

 
Hon'ble Ram Manohar Narayan Mishra,J.

Vakalatnama has been filed by Sri Ranjeet Singh, Advocate on behalf of the appellants is taken on record.

Heard Sri Ranjeet Singh, learned counsel for the appellants and learned A.G.A. for the State.

The instant appeal has been filed by the appellants against the judgment and order dated 6.5.1995 passed in Misc. Case No. 5 of 1994, under Section 302 IPC, P.S. Chirgaon, District Jhansi, forfeiting sureties bonds filed by the appellants and further passing the order for realization of the amount of sureties bonds for Rs. 7,000/- from each appellants.

On perusal of record, it revealed that one of the surety Janki of accused Bahadur, who is appellant no. 2 in present case, has died. In order dated 31.3.2021 passed by court of learned Special Judge, E.C. Act/Additional Session Judge, Jhansi, it is mentioned that the amount of Rs. 3,000/- has been realized from movable property of Gaya Prasad on realization warrant issued by the court and the same has been deposited in the court, therefore, proceedings against sureties under Sections 446 Cr.PC. is dropped and no further proceeding remained in the case.

It is submitted that in the said order instead of deceased's name as Janki Prasad, name of Gaya Prasad is wrongly mentioned, who is alive, and the same has been reported by C.J.M. vide his communication dated 17.7.2019 after due enquiry.

As proceedings against sureties under Section 446 Cr.P.C. are already dropped by the court below, which appears from the order dated 21.3.2021, hence the present appeal has become infructuous. Accordingly, the present appeal filed by the sureties is dismissed as having become infructuous.

Order Date :- 1.12.2022

A.P. Pandey