Court No. - 72
Case :- APPLICATION U/S 482 No. - 21863 of 2019 Applicant :- Subhash Rajbhar And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Preet Pal Singh Rathore,Ram Adhar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the non- bailable warrant dated 29.04.2019 passed by Chief Judicial Magistrate, Azamgarh in Case No.1871/2019 (Old Case No.688/2007) (arising out from Case Crime No.160A/2002), under Sections-147, 148, 149, 302, 504, 506 I.P.C., Police Station-Maharajganj, District- Azamgarh.
3. While the earlier petition filed by the applicants seeking quashing of the summoning order dated 28.03.2007 being Criminal Misc. Writ Petition No.11298 of 2007 was dismissed on merits, upon exparte proceedings, vide order dated 22.10.2018, the applicants claim that during pendency of that proceedings, there was a stay operating in their favour and that he had no knowledge of the aforesaid writ petition being dismissed. In such circumstances, non-bailable warrants have been issued against them which is under challenge in the present application.
4. In view of the fact that the summoning order has already been upheld, the presence of the applicants is necessarily required before the learned court below. However, keeping in mind the fact that there was stay order operating in favour of the applicants, during pendency of the aforesaid writ petition and further in view of the fact that the said writ petition was dismissed exparte for which reason it is possible that the applicants may not have had knowledge of the same, the present application is disposed of with the observations that in case the applicants appear before the learned court below on the next date fixed and apply for bail, that application may be considered, as expeditiously as possible.
5. Till the next date fixed before the learned court below, no coercive measures shall be adopted against the applicants.
Order Date :- 31.5.2019 S.Chaurasia