Court No. - 44
Case :- APPLICATION U/S 482 No. - 13608 of 2018 Applicant :- Jahir And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dileep Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Supplementary affidavit filed today is taken on record.
Heard Mr. Dileep Kumar Pandey, learned counsel for the applicants, and the learned A.G.A. for the State.
This application under Section 482 has been filed challenging the summoning order dated 25.10.2016, passed by the Second Additional Chief Judicial Magistrate, Ghaziabad in Criminal Case No. 1438 of 2013, under Sections 420, 467, 468, 323, 452, 504, 506, 147, 148 IPC, P.S. Vijay Nagar, District Ghaziabad as well as the entire proceedings of the aforesaid complaint case.
From the perusal of the record, it transpires that applicants were summoned by the trial court in the above mentioned complaint case vide order 4.11.2014. On account of the failure on the part of the applicants to appear before the court below, the court below passed the order dated 25.10.2016, whereby non bailable warrants were issued against the accused persons. It has also come on record that one of the accused persons was arrested on 8.4.2018 and thereafter the present application has been filed. Since in paragraph 4 of the supplementary affidavit, it has been categorically stated that applicant came to know of the present criminal proceedings only upon arrest of one of the co-accused namely Ravindra Panchal, the court has entertained the present application.
Considering the facts and circumstances of the present case, it is provided that if the bail has not been obtained as yet, the accused may appear before the court below on or before 5.5.2018 and apply for bail, 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 5.5.2018, the non bailable warrants issued by the court below shall be kept in abeyance. 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 :- 24.4.2018 Arshad