Court No. - 44
Case :- APPLICATION U/S 482 No. - 22356 of 2018 Applicant :- Smt. Renu Varma And 6 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ashok Kumar Gupta, learned counsel for the applicants and learned A.G.A. for the State.
This Court had passed following order on 17th July, 2018:
"Heard Mr. Ashok Kumar Gupta, learned counsel for the applicants and the learned A.G.A. for the State.
In compliance of the order dated 4.7.2018, 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 order dated 8.4.2016, passed by Additional Chief Judicial Magistrate, Shikohabad in Criminal Case No. 488 of 2015 (Kishan Swroop Vs. Smt. Renu and Others), under Sections 323, 504 IPC, P.S. Fariha, District Firozabad as well as the entire proceedings of the above mentioned complaint case.
In the supplementary affidavit filed today, it has been averred in paragraph no.2 of the affidavit that the summons were served upon the applicants on 20.3.2018 i.e. after the expiry of almost 23 months from the date of passing of the summoning order dated 8.4.2016. The said averment made in paragraph 2 of the supplementary affidavit, does not inspire confidence.
Let a report be submitted by the Presiding Officer of the court concerned to this Court on or before 31.7.2018, clearly mentioning therein the date on which the summons were served upon the applicants.
Put up on 31.7.2018. "
Pursuant to the aforesaid order dated 17th July, 2018, Mr. Ashok Kumar Yadav-III, Additional Chief Judicial Magistrate, Shikohabad, Firozabad has sent his report dated 18th August, 2018. The same is on record.
Perusal of the said report clearly shows that the summons were issued to the present applicants vide order dated 12th May, 2015. Thereafter bailable warrants were issued against the applicants and ultimately when the applicants refused to appear before the court, Non-Bailable Warrants were issued against against the applicants on 13th July, 2018.
In light of the facts stated in the report submitted by the Additional Chief Judicial Magistrate, Shikohabad, Firozabad, the averments made in paragaph-2 of the supplementary affidavit filed on behalf of the applicants that the summons were served upon the applicants on 20th March, 2018 is false.
In view of the false affidavit having been filed before this Court, as is established from the discussions made herein above, there is no occasion before this Court to enter into the merits of the present application. Consequently, the present application is dismissed with cost of Rs. 50,000/-, which shall be deposited by the applicants before the court concerned on or before 31st October, 2018. In case the said cost is not deposited, all the applicants shall be taken into custody and shall not be released till the conclusion of the trial. Further, upon failure to deposit the cost as noted above, the same be got recovered from the applicants through the District Magistrate, Firozabad, as arrears of land revenue. The cost so recovered shall be used for the purposes of the Bar of the Firozabad Judgeship.
A copy of this order shall be forwarded to the court concerned by the Registry of this Court for necessary compliance.
(Rajeev Misra, J.) Order Date :- 7.9.2018 Sushil/-