Allahabad High Court
Sitaram And 2 Ors vs State Of U.P. And Anr on 26 February, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 6822 of 2019
Applicant :- Sitaram And 2 Ors
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Shailendra Kumar Ojha,Ashutosh Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under section 482 Cr.P.C. has been filed to stay the effect and operation Complaint No. 2833 of 2000 of the order dated 1.10.2018 as well as N.B.W. order dated 17.1.2019 in Session Trial No. 12 of 2019 (Babulal Vs. Gyanendra Nath and others), under section 395, 397 IPC, P.S. Ghatampur, District Kanpur Dehat pending before learned C.J.M., Kanpur Dehat.
Learned counsel for the applicants submits that the applicants have challenged the summoning order dated 9.11.1973 by way of application U/s 482 Cr.P.C. being No. 4944 of 1974. In that case the proceeding of court below was stayed vide order dated 11.11.1974. Vide order dated 1.10.2018 in view of the Judgment of Hon'ble Apex Court in Criminal Appeal No. 1375-1376 of 2013 Asian Resurfacing of Road Agency Private Ltd. and others Vs. Central Bureau of Investigation the learned Magistrate has issued notice to applicants but the applicants could not appear before the court concerned due to which non bailable warrant has been issued against the applicants vide order dated 17.1.2019. The applicants have every intention to appear and surrender before the court below and cooperate with the trial.
Considering the facts and circumstances of the case, I do not find any ground to stay the effect and operation of the order dated 1.10.2018 as well as N.B.W. order dated 17.1.2019 passed in the aforementioned case, therefore, the prayer for staying the same is hereby refused.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 26.2.2019
Masarrat
