SHAILENDRA SINGH v. SOM DISTILLERIES AND BREWERIES LIMITED
2002-07-23
N.S.AZAD
body2002
DigiLaw.ai
ORDER Narain Singh 'Azad', J. The petitioners seek quashment of proceedings in R.T. No. 1507/98 styled as M/s Som Distilleries and Breweries Ltd. vs. Shri Shailendra Singh and another, which are pending against them in the Court of Smt. Usha Gedam, J.M.F.C., Bhopal for offences punishable under sections 420 and 406 read with section 34 of the Indian Penal Code. On perusal of order-sheets of the aforesaid case, the certified copies of which are filed along with this petition, it is noted that after recording the statements of Satish Chandra Chaturvedi and Mohd. Zameel, the witness of the complainant, u/s 202 of the Code of Criminal Procedure (which shall hereinafter be referred to as the 'Code'), the learned J.M.F.C. took cognizance of offences punishable under sections 406 and 420 of the Indian Penal Code against these petitioners on 18-10-1996. By the same order, each of these petitioners was ordered to be called by issuance of a bailable warrant of Rs. 2000/-. Thereafter, in spite of repeated issuance of bailable warrants, these petitioners could not be served on whose behalf Shri Deepesh Joshi, Advocate appeared in the Court for the first time on 10-9-2001 and filed the petition under sub-section (2) of section 245 of the Code along with another petition u/s 205 of the Code. Then on 5th November, 2001, the respondents' counsel filed the reply of petitioner's application filed u/s 205 of the Code and after hearing the arguments of both the parties on this application, it is ordered by the learned J.M.F.C. on 6-11-2001 that the petition would be considered after attendance of these petitioners in the Court. On 3-1-2002, the next date of hearing, the respondent submitted reply of petitioners' application filed under sub-section (2) of section 245 of the Code and at the same time, the learned J.M.F.C. ordered issuance of warrants of arrest against the petitioners, whose application u/s 205 of the Code so also, the other application moved under sub-section (2) of section 245 of the Code are pending for disposal. The case was ordered to be listed on 25-2-2002, without waiting for the disposal of their aforesaid two applications, the petitioners have thus approached this Court, seeking exercise of inherent powers.
The case was ordered to be listed on 25-2-2002, without waiting for the disposal of their aforesaid two applications, the petitioners have thus approached this Court, seeking exercise of inherent powers. It is submitted on behalf of the petitioners that the learned J.M.F.C. is not disposing of the petitioners applications filed u/s 205 or 245(2) of the Code instead compelling them to attend the Court. It is also submitted by Shri Deepesh Joshi appearing for the petitioners that in case the petitioners appear in the Court of J.M.F.C. at Bhopal, they would be pressurised to agree with the terms of the respondent. In this petition, since the application submitted on behalf of these petitioners u/s 205 of the Code, is not under consideration. It is not required to be dictated or opined, if the aforesaid application of the petitioners, may be disposed of even in their absence, but so far as petitioners' another application filed under sub-section (2) of section 245 of the Code is concerned a bare reading of provision contained in sub-section (2) of section 245 of the Code, makes it explicitly clear that this application may be disposed of even before the petitioners attendance in the court. Since the petitioners have already chosen and pressed into service an alternative, effective and appropriate remedy provided under sub-section (2) of section 245 of the Code, no case requiring exercise of inherent powers is found to have been made out on their behalf, for seeking dismissal of complaint and their discharge. Thus, on account of availability and utilization of alternative, effective and appropriate remedy on behalf of the petitioners, this petition is not found maintainable which stands disallowed and rejected with this observation that the petitioners may make a request to the learned J.M.F.C. for disposal of petitioners' application filed under sub-section (2) of section 245 of the Code promptly which may very well be disposed of even in their absence.