Court No. - 44
Case :- APPLICATION U/S 482 No. - 23647 of 2018 Applicant :- Khalil And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.,Suresh Chandra Shukla
Hon'ble Rajeev Misra,J.
Heard Mr. Ram Raj Pandey, learned counsel for the applicants, and the learned A.G.A. for the State.
In compliance of the order dated 20.7.2018, passed by this Court, learned counsel for the applicants has filed a supplementary affidavit in Court today, which is taken on record.
This application under Section 482 Cr.P.C. has been filed challenging the order dated 20.1.2014, passed by the Chief Judicial Magistrate, Baghpat in Complaint Case No. 1924 of 2017 (Dilawar Vs. Waheed and Others), under Sections 406, 504, 506 IPC, P.S. Baraut, District Baghpat as well as the entire proceedings of the aforesaid complaint case.
From the record, it appears that the applicants were summoned vide summoning order dated 20.1.2014. However, when the applicants did not appear before the Court below, bailable warrants were issued against the applicants vide order dated 16.6.2015. The said bailable warrants were served upon the applicants as is evident from the order sheet dated 24.8.2015 at page 39 of the paper book.
Inspite of the service of the bailable warrant, the applicants absented themselves from the proceedings of the above mentioned complaint case. Consequently, the Court issued bailable warrants on 24.11.2015. As such, non bailable warrant was operating against the applicants for more than two years and nine 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 :- 27.7.2018 Arshad