Court No. - 48
Case :- APPLICATION U/S 482 No. - 2402 of 2019 Applicant :- Saleem And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Azhar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of Criminal Case No. 1027 of 2005 re-numbered as Case No. 8548 of 2014 (Sirajuddin Vs. Abdul Salam), under Sections 147, 323, 452, 504, 506 IPC, Police Station Achhnera, District - Agra. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
It is submitted by the learned counsel appearing for the applicants that vide order dated 08.06.2018, complaint case against Abdul was abated but process of non-bailable warrant was issued against the applicants. It is also argued that complainant has died. Referring to the order-sheet annexed with the application further argued that no appropriate order has been passed by the concerned Magistrate regarding the substitution of the name of heir of the complainant. Non-bailable warrant issued against the applicants is illegal.
On the other hand, learned AGA has opposed the prayer.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, keeping in view the settled legal position on the issue, the application is disposed of at this stage itself staying the coercive process issued against the applicants for a period of one month from today. Court concerned is hereby directed to pass appropriate order in regard to the continuation of the complaint proceedings after death of the complainant or substitution of the name of heirs of the complainant.
With the above observations, the application stands disposed of.
Order Date :- 21.1.2019 Sanjeet