GHULAM RASOOL KHAN Vs. STATE OF U.P.

JUDGEMENT

(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 :

(2.) It is a case in which the appellants had filed an appeal under Sec. 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989[1] challenging the order dated September 14, 2017 vide which the learned Court below had taken cognizance of the matter and the appellants had been summoned to face trial. The order dated April 12, 2018, vide which bailable warrants had been issued against the appellants, was also challenged.

(3.) Learned counsel for the appellants while referring to an order passed by a Single Bench of this Court in Criminal Appeal Defective No. 523 of 2017 titled as Rohit Vs State of U.P. and another, (2017) 6 ALJ 754 submitted that an appeal filed after expiry of period of limitation provided under Sec. 14A of the 1989 Act, can be converted into a bail application in exercise of inherent powers under Sec. 482 Cr.P.C. As in the case in hand, the appeal was filed beyond 180 days, the same should be permitted to be converted into bail application and dealt with accordingly.