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2016 DIGILAW 274 (UTT)

Rishikesh Rai v. State of Uttarakhand

2016-06-28

SUDHANSHU DHULIA

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JUDGMENT : Sudhanshu Dhulia, J. 1. A complaint has been filed by respondent No. 2 – Dinesh Kumar under Sections 420/406 of I.P.C. before the court of learned Civil Judge (S.D.), Rudrapur, District Udham Singh Nagar against the accused persons. The court below took the application as a complaint case and summons have been issued to the present applicants as far back as on 04.05.2007. Against the said summoning order, the applicants preferred an application under Section 482 Cr.P.C. before this Court invoking the inherent jurisdiction of this Court. This Court vide order dated 31.05.2007 stayed the operation and effect of the criminal complaint case No. 760 of 2007 (C-482 No. 330 of 2007). The operative portion of the same reads as under:- “In the circumstances, as an interim measure, it is directed that further proceedings in criminal complaint case No. 760 of 2007, Paras Seeds Products Vs. Kishan Khad Beej Bhandar, relating to offences punishable under Sections 406, 420 I.P.C., pending before Judicial Magistrate/Civil Judge (Sr. Div.)/Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are stayed until further orders.” 2. On the subsequent date, since no one has appeared before this Court on behalf of the applicants, therefore, the learned Single Judge of this Court dismissed the application (C-482 No. 330 of 2007) vide order dated 19.08.2011 for want of prosecution by passing following order:- “Case has been called out repeatedly. None appeared on behalf of the applicants in any of the revised calls till 4 pm, while Mr. Piyush Garg, Advocate, for the private respondent is present. Hence, the petition is dismissed for want of prosecution. Stay order dated 31.05.2007 stands vacated. Let copy of this order be sent to the trial court enabling it further proceed with the trial.” 3. In pursuance of the said order, the trial is going on before the learned Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar being Criminal Case No. 2241 of 2007 in which the present applicants are the accused. Since the applicants did not appear before the court below, therefore, the learned Magistrate issued non-bailable warrants against the present applicants vide order dated 28.03.2016. Hence, the present application under Section 482 Cr.P.C. has been filed by the applicants invoking inherent jurisdiction of this Court. 4. Since the applicants did not appear before the court below, therefore, the learned Magistrate issued non-bailable warrants against the present applicants vide order dated 28.03.2016. Hence, the present application under Section 482 Cr.P.C. has been filed by the applicants invoking inherent jurisdiction of this Court. 4. Considering the entire facts and circumstances of the case as well as the fact that the applicant is not appearing before the court below to face the trial, this Court is not inclined to interfere in the matter, as far as the proceedings are concerned. The proceedings shall go on before the court below, in accordance with law. There is also no abuse of process of court and hence no interference is liable to be made in the present matter. 5. However, considering the fact that the present applicants are the resident of State of Uttar Pradesh, in case they surrender before the court below on or before 07.07.2016, and moves an application for their bail before the learned Magistrate concerned, the same shall be considered as far as possible on the same day itself. It is further made clear that the non-bailable warrants issued against the applicants shall be kept in abeyance till 07.07.2016 only or till the surrender of the applicants. 6. Accordingly, the application under Section 482 Cr.P.C. stands disposed.