KUYADAT ALI AND ORS. Vs. STATE OF U.P AND ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 321 of 2017, Judgment Date: Feb 13, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                       CRIMINAL APPELLATE JURISDICTION


                       CRIMINAL APPEAL NO.321 OF 2017
       [ARISING FROM SPECIAL LEAVE PETITION (CRIMINAL) NO.10138/2016 ]


KUYADAT ALI AND ORS.                                            APPELLANT(S)


                                    VERSUS

STATE OF U.P. AND ORS.                                         RESPONDENT(S)


                               J U D G M E N T

KURIAN, J.

      Leave granted.
2.    The appellants are before this Court, aggrieved  by  the  order  dated
7.11.2016 passed by the High Court of Judicature  at  Allahabad.   The  said
order was passed on a petition filed by the  appellants  herein  before  the
High Court for  quashing  the  FIR  dated  1.10.2016  registered  at  Police
Station Kotwali, District Etawah, Uttar Pradesh.
3.    The High Court declined to quash the FIR.   However,  protection  from
arrest was granted to appellant Nos.2 to 5,  subject  to  their  cooperation
during the investigation till filing of  the  Report  under  Section  173(2)
Cr.P.C.
4.    The matter came before this Court.  On  6.1.2017,  this  Court  passed
the following order:-

      “Issue notice to Respondent No.3, returnable on 13.2.2017.
      The Respondent No.3 is directed to file an affidavit  as  to  what  is
the  stage  of  investigation  and  whether  petitioner  Nos.2  to  5   have
cooperated with  the  investigation  and  how  much  time  is  required  for
completion of the investigation.
      The affidavit, as above, shall be filed within four weeks.
      The High Court has granted interim protection to petitioner  Nos.2  to
5.  Having regard to the  facts  and  circumstances  of  the  case,  we  are
inclined to grant the same protection to petitioner No.1 as  well.   Ordered
accordingly.
      Therefore,  we  direct  all  the  petitioners  to  be  present  before
Respondent No.3 on 23.1.2017 at 11.00 A.M. and on such  further  dates,  the
Respondent No.3/Investigating Officer requires.
      We make it clear that we are inclined to grant  this  order  with  the
hope that the petitioners will fully cooperate with the investigation.”

5.     Learned  counsel  appearing  for   the   State   submits   that   the
investigation has been completed  and  final  Report  under  Section  173(2)
Cr.P.C. has been  filed  before  the  Court  of  competent  jurisdiction  on
2.2.2017.  Learned counsel appearing for Respondent No.4  submits  that  the
Court has since summoned  the  appellants  pursuant  to  the  final  Report,
referred to above.
6.    In the peculiar facts of this case and the  developments  referred  to
above, we are of the view that there is no  point  in  keeping  this  appeal
pending before  this  Court  any  more.   The  appellants  are  directed  to
surrender before the Trial Court.  On such surrender, we  direct  the  Trial
Court to release them on bail, on their furnishing bail bonds for a  sum  of
Rs.10,000/- (Rupees Ten Thousand only) each with two  solvent  sureties  for
the like amount.
7.    The appeal is disposed of, as above.
8.    We make it clear that  we  have  not  considered  the  merits  of  the
matter.
9.    Pending application(s), if any, shall stand disposed of.

                                                   .......................J.
                                                             [KURIAN JOSEPH]


                                                   .......................J.
                                                           [A.M. KHANWILKAR]
      NEW DELHI;
      FEBRUARY 13, 2017.