Allahabad High Court
Nipendra Singh vs State Of U.P. And 4 Others on 14 March, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 9797 of 2019
Applicant :- Nipendra Singh
Opposite Party :- State Of U.P. And 4 Others
Counsel for Applicant :- Braham Singh,Sushil Kumar Tewari
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under section 483/482 Cr.P.C. has been filed with the prayer to direct the learned court below to take appropriate legal action against the opposite parties in Case No. 7624 of 2018 (old no. 196 of 2013) arising out of Case Crime No. 516 of 2012 under section 406, 452, 307, 504, 506 IPC, P.S. Gajraula, District Amroha and compel to them to comply with the orders passed by this Hon'ble Court in different cases filed by the Opposite Party Nos. 2 to 5 before this Hon'ble Court.
It is submitted by the learned counsel for the applicant that applicant is informant and injured. He has lodged FIR against O.P. Nos. 2 to 5. In this case the I.O. has submitted final report. the applicant has moved a protest petition. Thereafter, the O.P. Nos. 2 to 5 were summoned to face trial under section 406, 452, 307, 504, 506 IPC vide order dated 5.6.2013. Against the summoning order the O.P. Nos. 2 to 5 have filed a Criminal Revision No. 210 of 2017 which was dismissed by the revisional court. The O.P. Nos. 2 to 5 approached this Hon'ble Court at several times and lastly they moved an application under section 482 Cr.P.C. No. 47534 of 2018 which was disposed by this court on 8.1.2019 with the direction that in case the O.P. Nos. 2 to 5 appear and surrender before the court below within a period of 2 months from the date of order and apply for cancellation of warrants or apply for bail no coercive action shall be taken against the O.P. Nos. 2 to 5 but the O.P. Nos. 2 to 5 have not appeared or surrendered before the court below within the period given by this court vide order dated 8.1.2019. It has further been submitted that O.P. Nos. 2 to 5 have not complied with the order dated 8.1.2019, therefore, coercive action should be taken against them.
A perusal of the record shows that in the application U/s 482 Cr.P.C. No. 47534 of 2018 the another bench of this court vide order dated 8.1.2019 has refused the prayer for quashing the proceeding of the aforementioned case and the application of O.P. Nos. 2 to 5 was disposed of with the direction that if the O.P. Nos. 2 to 5 appear and surrender before the court below within a period of two months and apply for bail the same shall be considered and decided in the light of the law laid down by this court in case of Amrawati and another Vs. State of U.P. as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. and it was further directed that no coercive action shall be taken against the O.P. Nos. 2 to 5 for a period of two months or till the O.P. Nos. 2 to 5 surrender and apply for cancellation of warrants or bail. The period of two months was expired on 8.3.2019. Learned counsel for the applicant states that the O.P. Nos. 2 to 5 have not complied with the order dated 8.1.2019. In the order dated 8.1.2019 it has been mentioned that in case the applicants (O.P. Nos. 2 to 5) do not surrender or appear before the court below within the aforesaid period coercive action shall be taken against them.
Although direction has already been given in the order dated 8.1.2019 by this court, the applicant may move an application before the trial court for taking coercive action against the O.P. Nos. 2 to 5. If the applicant moves an application before the court below within a period of two weeks from today, the court below shall pass an appropriate order on the application of the applicant and proceed as per order dated 8.1.2019 passed in Application U/s 482 Cr.P.C. No. 47534 of 2018, if there is no legal impediment.
Accordingly this application is finally disposed of.
Order Date :- 14.3.2019
Masarrat
