Allahabad High Court
Vivek Bhatnagar vs State Of U.P. & Another on 20 June, 2012
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 53
Case :- APPLICATION U/S 482 No. - 18449 of 2012
Petitioner :- Vivek Bhatnagar
Respondent :- State Of U.P. & Another
Petitioner Counsel :- A.C. Srivastava
Respondent Counsel :- Govt. Advocate
Hon'ble Ramesh Sinha,J.
Heard Sri A.C. Srivastava, learned counsel for the applicant and learned A.G.A. for the State.
The prayer of the applicant in the present application is quoted hereinbelow:-
"It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the order dated 10.11.2011 passed by Chief Judicial Magistrate, Ghaziabad, in case no. 953 of 2011 (State Versus Subhash Yadav) registered under sections 364, 511, 307, I.P.C. at P.S. Sahibabad, District-Ghaziabad by which he issued a non bailable warrant against the applicant and other accused persons while disposing of the application so filed on behalf of the P.S. Sahibabad, District Ghaziabad.
And it is further prayed that this court may kindly be pleased to stay the effect and operation of the order dated 10.11.2011 passed by this Hon'ble Court and direct the police not to adopt any coercive measure in pursuant to the order, during the pendency of the present criminal misc. application. Otherwise, the applicant will suffer an irreparable loss and injury."
During the course of hearing it has come into light that the applicant had earlier filed 482 Cr.P.C. application numbered as Criminal Misc. Application No. 40360 of 2011, Vivek Bhatnagar Vs. State of U.P. and other in which this Court vide order dated 12.12.2011 has passed by the following order:-
"Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer that his bail application in Case Crime No. 953 of 2011, under Sections 364, 307, 325, 323, 504 I.P.C., Police Station Sahibabad, District Ghaziabad, be ordered to be considered expeditiously, if possible on the same day by the Courts below.
After hearing learned counsel for the applicant and learned A.G.A. this application is finally disposed of with a direction that if the applicant appears and surrenders before the Court below within 30 days from today and applies for bail, then his bail application shall be considered and decided expeditiously in accordance with law after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence."
Thereafter accused did not surrender before the court below as ordered by this Court on 12.12.2011 and did not obtain bail and moved time extension application in Criminal Misc. Application No. 40360 of 2011 on which this vide order dated 17.5.2012 passed the following order:-
"Heard learned counsel for the applicant and learned AGA for the State and perused the record.
This is application for extension of time moved on behalf of the applicant for complying the order of this Court dated 12.12.2011, the applicant has failed to make out any good ground for extension of time.
The application for Extension of Time No. 156540 of 2012 is accordingly dismissed."
After the dismissal of the aforesaid application, the applicant again did not surrender before the court below upon which non bailable warrant was issued against the applicant on 10.11.2011.
Thereafter, it appears that the present application has been filed with a prayer to quash the non bailable warrant dated 10.11.2011 issued by the Chief Judicial Magistrate, Ghaziabad.
It is contended by the learned counsel for the applicant that the applicant is ready to appear before the court below.
Having considered the submissions advanced, I am of the opinion that the applicant has concealed the material fact in the present application about filing of 482 Cr.P.C. Application No. 40360 2011 which was disposed of by this Court vide order dated 12.12.2011 and further dismissal of his application seeking extension of time vide order dated 7.5.2012 which shows that the applicant has not approached this Court with clean hands. This Court was of the view for taking action against the applicant permissible in law and for imposing heavy cost on the applicant for concealment of fact about the filing of earlier application under Section 482 Cr.P.C. before this Court and the order passed on the same and further misusing the process of law for his own convenience. But the learned counsel for the applicant has prayed that the applicant be forgiven from any action against him or from imposition of the cost this time and tendered unconditional apology on behalf of his client and further gave undertaking for not repeating the aforesaid practice again in future. Considering the prayer of the learned counsel for the applicant, the present application is dismissed without any such action.
Order Date :- 20.6.2012/Shiraz
