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2015 DIGILAW 1842 (ALL)

Yashpal @ Billa v. State of U. P.

2015-07-10

PRATYUSH KUMAR

body2015
JUDGMENT Pratyush Kumar, J. Heard Shri N.K. Maurya, advocate appearing for the applicants and learned A.G.A. 2. The applicants are before this Court, praying under section 482, Cr.P.C. for quashing the proceedings of complaint case no.53 of 2014, Smt. Kusama Devi Vs. Yashpal @ Billa and others and summoning order dated 7.4.2015 on the ground that false FIR was lodged against the present applicants. After investigation final report was submitted, but on the protest petition after making inquiry the Special Judge (D.A.A.) Mainpuri has summoned the present applicants under sections 397, 427, IPC. 3. Learned counsel submits that the present proceedings are abuse of the process of the Court. The impugned order has been passed while ignoring the evidence collected during investigation and police reports submitted in favour of the applicants. 4. Perusal of the protest petition reveals that on the ground raised in the present petition, the proceedings of the complaint case and the impugned order after due inquiry cannot be quashed. 5. However, considering the fact that police had submitted final report in the matter, the Court below is directed that if the applicants appear before the court concerned within a period of thirty days from today along with the certified copy of the present order and apply for bail, then their prayer for bail shall be considered and disposed of expeditiously, if possible on the same day in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another vs. State of U.P., 2004 (57) ALR-290 and the decision of the Supreme Court in the case of Lal Kamlendra Pratap Singh vs. State of U.P., reported in 2009 (4) SCC 437 , after hearing the public prosecutor. 6. For a period of thirty days from today, no coercive action shall be taken against the applicants. 7. However, in case the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them and no protection of this order shall be available to them. With the aforesaid observation/direction, the application is disposed of.