Vijay Kumar Ozha v. Chief Judicial Magistrate. Distt Gonda
2015-07-10
ADITYA NATH MITTAL
body2015
DigiLaw.ai
JUDGMENT Aditya Nath Mittal, J. Heard learned counsel for the petitioner, learned A.G.A. and perused the record. 2. This petition under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 3.2.2015 passed by Chief Judicial Magistrate, Gonda and to direct the accused persons to surrender before the court below in compliance of the order dated 7.1.2015. 3. Learned counsel for the petitioner has submitted that the learned court below has recalled the process issued under Section 82 Cr.P.C. as well as non-bailable warrant without any sufficient ground, therefore, that order is liable to be set aside. Learned counsel for the petitioner has also submitted that prior to 7.1.2015 when this Court had passed the order in Petition No. 3371 of 2014 filed under Section 482 Cr.P.C., they were released on regular bail but after that they were absconding. 4. As far as the order dated 7.1.2015 is concerned, the benefit was given to the petitioners to avail the benefit of Lal Kamlendra Pratap Singh 2009 (3) ADJ 322 (SC). If the petitioners of said petition do not want to avail the benefit of said ruling, the provisions of law shall apply to them and the coercive steps can be taken against the petitioners to procure their attendance. 5. As far as the order dated 3.2.2015 is concerned, the application for recall of warrant has been allowed upon fresh personal bond of Rs. 20,000/- each with the direction that the accused persons shall remain present personally on the future dates and they will cooperate in the trial, failing which the personal bond shall stand forfeited. 6. I do not find any error of law or perversity in the order dated 3.2.2015 because further restriction has been imposed by the respondents to remain present in the court, failing which their person bond shall be forfeited. If the respondent nos. 3 and 4 do not comply that order, the court can pass appropriate order. 7. I do not find any merit in the petition. The petition is, accordingly, dismissed.