Allahabad High Court
Nihal Haidar And 2 Ors vs State Of U.P. And Anr on 6 March, 2020
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- APPLICATION U/S 482 No. - 8996 of 2020 Applicant :- Nihal Haidar And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Swetashwa Agarwal,Punit Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for a direction to the District and Sessions Judge, Amroha to pass appropriate order on the stay application filed in Criminal Revision No. 188 of 2019 (Nihal Haidar and others Vs. State of U.P. and another) pending in the Court of District & Sessions Judge, Amroha arising out of order dated 02.02.2019 passed by C.J.M., Amroha in Case No. 1492 of 2018 (State Vs. Nihal Haidar and others) in Case Crime No. 132 of 2018, under Sections 420, 467, 468, 471 I.P.C., Police Station Naugawan Sadat, District Amroha and to decide the aforesaid revision.
It is submitted by learned counsel for the applicants that an F.I.R. was lodged against the applicants which was registered at Case Crime No. 132 of 2018, under Sections 420, 467, 468, 471 I.P.C., Police Station Nawgawan Sadat, District Amroha in which charge sheet was submitted. The applicant has challenged the said proceeding by filing an Application U/S 482 Cr.P.C. No. 23993 of 2019, which was disposed by by this Court vide order dated 28.6.2019 with liberty to the applicant to move discharge application through counsel before the trial court and further the Court had directed that till disposal of discharge application, no coercive measure shall be taken against the applicant. In pursuance of the order of this Court dated 28.6.2019, the applicants filed discharge application before the learned Magistrate concerned, which was rejected vide order dated 27.9.2019. Against the said order, the applicants filed Criminal Revision No. 188 of 2019 before the Sessions Judge, Amroha alongwith stay application upon which notice was issued on 18.10.2019 fixing date 17.3.2020. As there is no interim order in favour of the applicants, therefore, the applicants have moved an application dated 17.2.2020 for fixing another date, but learned Chief Judicial Magistrate without considering the same, issued Bailable Warrant dated 17.2.2020 against the applicants. Lastly, it is submitted that a suitable direction may be issued to the revisional court to decide the revision alongwith stay application at the earliest and till then, bailable warrant may not be given effect.
Considering the facts and circumstances of the case, the learned Sessions Judge, Amroha is directed to decide the revision alongwith stay application filed by the applicants in accordance with law maximum within three months from the date of production of certified copy of this order.
Further proceeding of Case No. 1492 of 2018 (State Vs. Nihal Haidar and others) in Case Crime No. 132 of 2018, under Sections 420, 467, 468, 471 I.P.C., Police Station Naugawan Sadat, District Amroha shall remain stayed for a period of four months or till disposal of the stay application of the applicants whichever is earlier.
Order Date :- 6.3.2020 Rmk.