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2022 Supreme(All) 608

RAJESH BINDAL, SAURABH LAVANIA, AJAI KUMAR SRIVASTAVA I
Ghulam Rasool Khan – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sajjad Hussain, Advocate
For the Respondent:Mr. Prachis Pandey, Mr. Sandeep Singh, Advocate

ORDER :

RAJESH BINDAL, CJ.

1. On a reference made by the learned Single Judge vide order dated August 3, 2018 to a larger Bench and constitution thereof by Hon’ble the Chief Justice, on administrative side, for consideration of the following questions, the matter has been placed before us :

    (i) Whether a Single Judge of this Court while deciding Criminal Appeal (Defective) No. 523/2017 In re : Rohit Vs. State of U.P. and another vide judgment dated 29.08.2017 correctly permitted the conversion of appeal under Section 14 A of the Act, 1989 into a bail application by exercising the inherent powers under Section 482 of the Cr.P.C.?

(ii) Whether keeping in view the judgment of Rohit (supra), an aggrieved person will have two remedies available of preferring an appeal under the provisions of Section 14 A of the Act, 1989 as well as a bail application under the provisions of Section 439 of the Cr.P.C.?

(iii) Whether an aggrieved person who has not availed of the remedy of an appeal under the provisions of Section 14 A of Act, 1989 can be allowed to approach the High Court by preferring an application under the provisions of Section 482 of the Cr.P.C.?

(iv) What would be the remedy available to

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