Allahabad High Court
Satyendra Nath Dixit vs State Of U.P. And Another on 21 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 32547 of 2022 Applicant :- Satyendra Nath Dixit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sachin Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Shri Sachin Kumar Sharma, learned counsel for the applicant and Shri Ravi Kumar Kushwaha, learned A.G.A. for the State and perused the record.
The instant application on behalf of the applicants has been moved with the prayer to quash the impugned N.B.W. alongwith process issued under Sections 82 & 83 Cr.P.C. orders dated 24.06.2022 and subsequent order dated 05.08.2022 passed by Judicial Magistrate-Ist Shahjahanpur in Case No.1030 of 2016 (State v. Satyendra Nath Dixit & Anr.) arising out of Case Crime No.395 of 2003, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station-Sadar Bazar, District-Shahjahanpur, pending in the court of Judicial Magistrate, 1st, Shahjahanpur.
Learned counsel for the applicants submitted that applicants earlier approached this Court vide Criminal Misc. Application Under Section 482 No.8939 of 2020 for challenging the proceedings of the present matter pending against them and this Court on 4.3.2020 refused to accept the prayer of the applicants and directed them to appear before the court concerned within 30 days and thereafter the applicants were released on bail but during pendency of the trial unfortunately applicant no.1 suffered from severe heart attack and applicant no.2 the mother of applicant no.1 could not appear before the court concerned and on 24.6.2022 the court below issued N.B.W. and process under Sections 82 and 83 Cr.P.C. He next submitted that thereafter on 30.7.2022 and 5.8.2022, similar orders were passed.
Learned counsel for the applicants submitted that on 12.5.2022 applicant No.1 appeared before the Additional Principal Judge, Family Court, Shahjahanpur with regard to the proceeding pending against him under Section 125 Cr.P.C. and the court of Additional Principal Judge, Family Court on 12.5.2022 observed that applicant no.1 appears to be quite sick and directed him to appear before the court on 23.6.2022 but in spite of that on 24.6.2022 Judicial Magistrate-I, Shahjahanpur before whom proceedings with regard to offfences under Sections 498-A, 323, 504 IPC is pending issued N.B.W. and process under Sections 82 and 83 Cr.P.C. against the applicants, therefore, the orders dated 24.6.2022, 30.7.2022 and 5.8.2022 are illegal.
Per contra, learned A.G.A. submitted that from the order dated 24.6.2022, it appears that it was just a repeated order and N.B.W. and process of Sections 82 and 83 Cr.P.C. have earlier been issued against the applicants and until and unless the first order is challenged, subsequent consequential orders cannot be challenged. In this case, previous order sheet have not been annexed only with intention to conceal the fact.
I have heard learned counsel for both the parties and perused the record.
From the perusal of the record, it appears that applicant no.1 is facing two proceedings one before the Judicial Magistrate with regard to the offence punishable under Section 498-A IPC and other allied Sections and another under Sections 125 Cr.P.C. pending before Additional Principal Judge, Family Court, Shahjahanpur. From the order sheet dated 24.6.2022, it appears that order of issuing N.B.W. and process under Section 82 and 83 Cr.P.C. is just the repeated consequential order and in the instant case, applicants only challenged the order 24.6.2022 and 5.8.2022 which is not permissible. The applicants did not challenge the first order of issuance of N.B.W. and process of Sections 82 and 83 Cr.P.C. issued against them.
In view of the above, the instant application is devoid of merits and is, accordingly, dismissed.
Order Date :- 21.11.2022 Jyotsana