Rajesh Chaudhary And Others vs State Of U.P. And Anr.
2011 Latest Caselaw 505 ALL

Citation : 2011 Latest Caselaw 505 ALL
Judgement Date : 25 March, 2011

Allahabad High Court

Rajesh Chaudhary And Others vs State Of U.P. And Anr. on 25 March, 2011

Bench: S.C. Agarwal




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