Allahabad High Court
Anjum Ahmad Khan And Another vs State Of U.P. And Another on 2 January, 2024
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:41
Court No. - 11
(Crl. Misc. Application (IA) No.04 of 2023)
In Re:-
Case :- APPLICATION U/S 482 No. - 4056 of 2009
Applicant :- Anjum Ahmad Khan And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Qazi Sabih Ur Rahman,Mohd. Yunus,Nitin Kumar,Rajesh Kumar Shukla,S. Waqar Husain,Sheo Prakash Singh,Zeeshan Akhtar Siddiqui
Counsel for Opposite Party :- Govt. Advocate,Mukul Rakesh,Riyaz Ahmad
Hon'ble Rajesh Singh Chauhan,J.
1. Heard learned counsel for the parties on the application for condonation of delay in filing the recall application.
2. Cause shown in the affidavit is sufficient to condone the delay.
3. On due consideration, the application for condonation of delay is allowed and the delay in filing recall application is hereby condoned.
Order on the Application for recall of order dated 03.01.2020 i.e. Crl. Misc. Application (IA) No.05 of 2023.
1. Heard learned counsel for the parties.
2. By means of the present application, the petitioners have sought recall of order dated 03.01.2020 passed by this Court whereby the petition filed under Section 482 Cr.P.C. was dismissed for want of prosecution and interim order was vacated. The order of the Court was communicated to the trial court. Pursuant thereto the bailable warrant has been issued against the petitioners.
3. Learned counsel for the petitioners has stated that this Court vide order 04.11.2009 granted interim order staying operation of the summoning order dated 06.05.2009. He has further submitted that the petitioners could not know about the order dated 03.01.2020 and as soon as the petitioners came to know about the order dated 03.01.2020, the present application has been filed with the application for condonation of delay.
4. Learned counsel for the petitioners has submitted that the complaint was lodged against the petitioners under Sections 323, 504, 506 & 452 I.P.C. wherein the summoning order was issued on 06.05.2009.
5. Learned counsel for the petitioners has also submitted that in the present case the petitioners may be granted benefit of the dictum of Apex Court rendered in re: Satender Kumar Antil versus Central Bureau of Investigation & Anr. reported in 2021 (10) SCC 773.
6. However, learned Additional Government Advocate has opposed the aforesaid application by submitting that there is an inordinate delay in filing the application for recall of order dated 03.01.2020 and if the petitioners appear before the court concerned by filing appropriate application, the benefit of the dictum of Apex Court rendered in re: Satender Kumar Antil (supra) may be provided to the petitioners.
7. Be that as it may, if the petitioners are having any grievance to the effect that the offences punishable under Sections 323, 504, 506 & 452 I.P.C. are not made out against them, they may file appropriate application of discharge by appearing/ surrendering before the court concerned. While filing the application for surrender before the court concerned pursuant to the bailable warrant being issued against them, they may seek the benefit of dictum of the Apex Court rendered in re: Satender Kumar Antil (supra) inasmuch as the judgment of Apex Court in re: Satender Kumar Antil (supra) is the law of land and all the Judicial Authorities are duty bound to follow the dictum of Apex Court rendered in re: Satender Kumar Antil (supra). However, the present application may not be allowed for the reason that due to pendency of the present petition the trial proceedings of the court below may be delayed for no fruitful purpose and if the petitioners have got their prima-facie case, they may take all pleas and grounds in their discharge application.
8. Accordingly, the present application is dismissed.
9. However, on account of dismissal of the present application no adverse view may be taken against the petitioners by the trial court while disposing of the application for discharge, if the same is filed by the petitioners. It is also made clear that while disposing of the discharge application of the petitioners, ample opportunity of hearing to the prosecution as well as the private opposite parties shall be afforded by the trial court.
[Rajesh Singh Chauhan,J.]
Order Date :- 2.1.2024
Suresh/
