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2015 DIGILAW 3544 (ALL)

Lokesh Kumar Gupta v. State of U. P. Thru. Secy. Home, Civil Sectt, Lko

2015-11-16

AKHTAR HUSAIN KHAN

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JUDGMENT Akhtar Husain Khan, J. Heard learned counsel for petitioners as well as learned A.G.A. 2. Present petition has been moved by petitioners, namely, Lokesh Kumar Gupta and Preetindra Singh under Section 482 of Cr.P.C. with prayer to set aside order dated 12.10.2015 passed by learned Sessions Judge, Lakhimpur Kheri in Criminal Revision No.164 of 2015 along with order dated 26.08.2015 passed by learned Chief Judicial Magistrate, Kheri in Criminal Case No.1361 of 2009 and Range Case No.2/2006-07, whereby, non bailable warrant has been issued against petitioners. 3. It has been contended by learned counsel for petitioners that petitioners and others had filed Criminal Misc. Case (U/s 482 of Cr.P.C.) No.718 of 2010 (Dr. Bachchu Singh and others Vs. State of U.P. and others). Said petition was dismissed by co-ordinate Bench of this High Court on 20.09.2011 and it was provided that in case bail application is moved by petitioners, the same shall be considered and disposed of by the court below expeditiously. 4. It has further been contended by learned counsel for petitioners that records of said criminal case were lost and after reconstruction of records, non bailable warrant has been issued against petitioners without service of notice or summons. 5. Order dated 13.07.2015 passed by learned Chief Judicial Magistrate, Kheri shows that file of said criminal case has been reconstructed and thereafter, warrant has been issued against petitioners. 6. Considering above facts of the case, it is provided that if petitioners move bail application before court concerned within 30 days from today, the same shall be considered and disposed of by court below expeditiously as provided vide order dated 20.09.2011 passed by co-ordinate Bench of this High Court in Criminal Misc. Case (U/s 482 of Cr.P.C.) No.718 of 2010. 7. Till expiry of 30 days, non bailable warrant issued against petitioners shall be kept in abeyance. 8. Petition moved under Section 482 of Cr.P.C. is disposed of finally.