DEVNATH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned counsel for O.P. No. 2 and learned A.G.A. representing the State. Perused the records.

(2.) This application under Section 482 Cr.P.C. has been filed by applicant Devnath Yadav against State of U.P. and Ekadashi Yadav, with prayer to quash the order dated 23.6.2018 passed by Additional Sessions Judge, Court No. 5, Azamgarh, in Appeal No. 36 of 2018, Devnath Yadav Vs. State of U.P. and another, u/s 420, 467, 468, 471 I.P.C., P.S. Mubarakpur, District Azamgarh, whereby application 7 Kha has been decided with disposal of application regarding deposit of fine.

(3.) Learned counsel for the applicant argued that in that very appeal, bail to appellant was not granted by appellate court, then after it was moved before this court and a coordinate Bench of this court granted bail to appellant. But no order regarding fine was there. Accordingly, an application was moved before appellate court to pass order regarding deposit of fine. Before it, there was an application 7Kha for staying operation and effect of impugned order of conviction. The appellate court vide impugned order directed for making deposit of one-half of amount of fine and stayed remaining one-half of fine. But simultaneously disposed of application 7Kha, which was neither argued nor was there for disposal on that date. It was an abuse of process of law. Hence this application with above prayer.