HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- APPLICATION U/S 482 No. - 6873 of 2011 Petitioner :- Rajesh Chaudhary And Others Respondent :- State Of U.P. And Anr. Petitioner Counsel :- T.K. Mishra,Mahesh Kumar Tripathi Respondent Counsel :- Govt. Advocate Hon'ble S.C. Agarwal,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
This application has been filed with a prayer to quash the orders dated 9.2.2011 and 27.10.2010 passed by Addl. Chief Judicial Magistrate, Court No.6, Jhansi in criminal case no.1112 of 2007 (State Vs. Kali Charan & others) under sections 387, 323, 504, 506 IPC, P.S. Sipri Bazar, District Jhansi.
By order dated 27.10. 2010, non-bailable warrants were issued against the applicants whereas by order dated 9.2.2011, the application moved on behalf of the applicants for recalling non-bailable warrants issued against them was rejected.
Earlier, the applicants have approached this Court by means of Application u/s 482 Cr.P.C. No.19562 of 2008, which was dismissed on 6.8.2008 with the observations that the applicants may move an application for discharge under section 239 Cr.P.C. or 227 / 228 Cr.P.C. The applicants did not appear before the Magistrate concerned in person and moved an application for discharge through counsel. Since the applicants did not appear, non-bailable warrants of arrest were issued against them. Even the application for recalling non-bailable warrants was filed without appearing in Court. In these circumstances, the application was rightly rejected by the Magistrate.
I do not find any good ground to interfere in the impugned orders.
The Application u/s 482 Cr.P.C. is accordingly dismissed.
However, if the applicants surrender before the Magistrate concerned within a period of two weeks from today and apply for bail, their prayer for bail be considered by the courts below expeditiously, if possible on the same day.
Order Date :- 25.3.2011 ss