Court No. - 44
Case :- APPLICATION U/S 482 No. - 25273 of 2018 Applicant :- Aftab Alam And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Shams Tabrez Ali Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Amit Kumar Singh, learned counsel for the applicant and the learned A.G.A. for the State.
The application under Section 482 Cr.P.C. has been filed challenging the order dated 26.4.2017, passed by the Additional Chief Judicial Magistrate, Varanasi in Case No. 3539 of 2012 (Farjana Bibi Vs. Aftab Alam and Others), under sections 498A, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Jaitpura, District Varanasi as well as the entire proceedings of above mentioned complaint case.
Learned A.G.A. points out that in the present case applicant no.1 Aftab Alam had initially filed a Criminal Misc. Application No. 27703 of 2011 (Aftab Alam Vs. State of U.P. and Another), wherein an interim order dated 6.9.2011 was passed. In paragraph 11 of the affidavit, it has been averred that thereafter, the above mentioned application was dismissed for want of prosecution vide order dated 29.4.2013.
In view of the facts as noted above, there is no reason as to why applicant nos. 2 and 3 have not appeared before the Court below till date. So far as applicant no.1 is concerned, he was enlarged on bail vide order dated 6.9.2014. However, subsequently, the applicant no.1 abandoned the proceedings. Consequently, the Court below was left with no option but to issue non bailable warrant against the applicants to secure their presence. The non bailable warrant has been operating against the applicants since 26.4.2017 i.e. for a period of one year and two months. This shows a total disrespect of the process of the Court.
In view of the above, no occasion arises before this Court to entertain the present application. It is, accordingly, dismissed.
Order Date :- 30.7.2018 Arshad