Rajeev Gupta @ Raju Gupta @ Rajaram Gupta v. State of U. P.
2015-06-22
AKHTAR HUSAIN KHAN
body2015
DigiLaw.ai
JUDGMENT Akhtar Husain Khan, J. Heard learned counsel for the petitioner as well as learned Additional Government Advocate. 2. Present petition has been moved by accused petitioner under Section 482 Cr.P.C with prayer to set aside order dated 12.6.2015 passed by Judicial Magistrate-II, Lucknow in Case No. 6161 of 2013, (Crime No. 247 of 2009) under Sections 363, 366, 376 and 506 I.P.C., police station Gudamba, district Lucknow whereby proclamation for appearance has been issued against accused petitioner in said case under Section 82 Cr.P.C. 3. Accused petitioner has made further prayer to stay proceedings of Case No. 6161 of 2013 pending in the Court of Judicial Magistrate-II, Lucknow till disposal of present petition. 4. Admittedly, petitioner Rajeev alias Raju Gupta had filed Criminal Misc. Case No. 4242 of 2009, Raju Gupta vs. State of U.P and others under Section 482 Cr.P.C. before this Court with prayer to quash charge sheet filed in aforesaid Crime No. 247 of 2009, under Sections 363, 366, 506 and 376 I.P.C., police station Gudamba, district Lucknow, which was dismissed by this Court vide order dated 22.2.2011. Thereafter Special Leave Petition (Criminal) No. 6666 of 2013 was filed before Hon'ble Apex Court against order dated 22.2.2011, which was dismissed by Hon'ble Apex Court vide order dated 1.5.2015 with liberty to petitioner to raise all the contentions at the time of framing of the charge before the trial Court. 5. In spite of above order of Hon'ble Apex Court, the petitioner did not appear before the trial Court. Consequently, order for issuing proclamation under Section 82 Cr.P.C. for appearance of petitioner has been passed by learned Magistrate concerned. 6. It has been alleged on behalf of petitioner that no summon or notice has been served on the petitioner before issuance of proclamation under Section 82 Cr.P.C. 7. After having considered above facts, I am of the view that petitioner should be given an opportunity to appear before the Magistrate concerned within one month from today and in the meantime no further steps should be taken in pursuance of proclamation issued against him. 8. In view of above, it is directed that petitioner shall appear before the Magistrate concerned within one month from today and in the meantime no further steps shall be taken in pursuance of proclamation issued against him under Section 82 Cr.P.C. Petition is disposed of accordingly.