Court No. - 44
Case :- APPLICATION U/S 482 No. - 13231 of 2018 Applicant :- Avinash Jain And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vijay Gautam,Yogendra Kumar Mishra Counsel for Opposite Party :- G.A.,Madnesh Prasad Singh
Hon'ble Rajeev Misra,J.
Heard Mr. Vijay Gautam, learned counsel for the applicants, and the learned A.G.A. for the State and Mr. Madnesh Prasad Singh, Advocate, who has put in appearance on behalf of the opposite party no.3.
This application under Section 482 Cr.P.C has been filed for the following reliefs:-
"It is, therefore, most respectfully, prayed that this Hon'ble Court may be pleased, to quash the impugned order dated 4.3.2017, passed by the Additional Chief Judicial Magistrate- 12, Agra in Complaint Case No. 432 of 2016 and to set aside the non-bailable warrant (NBW) order dated 13.3.2018, passed by the ACJM-12, Agra, in the Complaint Case No. 432 of 2016.
That, the Hon'ble Court may further be pleased, to stay the further proceedings in Complaint Case No. 432 of 2016 (P.K Agrawal Vs. Deverndra Kumar and others) under section 406 IPC, Police Station Rakabganj, District Agra, pending before the Additional Chief Judicial Magistrate (ACJM)-12, Agra.
That, the Hon'ble Court may further be pleased, to quash the further proceedings of Complaint Case No. 432 of 2016 (P.K. Agrawal Vs. Devendra Kumar and Others) under section 406 IPC, P.S. Rakabganj, District Agra, pending before the Additional Chief Judicial Magistrate (ACJM)-12, Agra, otherwise the applicants shall suffer irreparable loss and injury.
It is further prayed that this Hon'ble Court may be pleased to pass such order or direction which this Hon'ble court may deem fit and proper under the circumstances of the present case."
From the record, it appears that Magistrate passed the summoning order dated 4.3.2017 summoning the applicants in the aforesaid complaint case. As the applicants did not appear for a long time, the Magistrate issued bailable warrants against the applicants vide order dated 10.8.2017, which continued until 16.12.2017. When in spite of the issuance of the bailable warrants, the applicants did not appear, ultimately, the Magistrate passed the order dated 12.1.2018, whereby non bailable warrants were issued against the applicants.
Very fairly learned counsel for the applicants submits that the applicants are ready to appear before the court below provided some indulgence granted by this court.
In view of the fair statement made by the learned counsel for the applicants, it is provided that the execution of the non bailable warrants issued by the Magistrate against the present applicants vide order dated 12.1.2018, shall be kept in abeyance till 15.5.2018.
Considering the facts and circumstances of the present case, it is provided that if the bail has not been obtained as yet, the applicants may appear before the court below on or before 15.5.2018 and apply for bail. In case the applicants comply with the aforesaid direction, the court below shall make an endeavour to decide the bail application of the applicants in the light of the judgement of this court in the case of Brahm Singh and Ors. Vs. State of U.P. and Others, reported in 2016 (7) ADJ 151.
As an interim measure, it is provided that till 15.5.2018, or the date on which the applicants appear before the court below whichever is earlier, no coercive action shall be taken against the present applicants. In case of default, protection granted by means of this order, shall stand automatically revoked.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 26.4.2018 Arshad