Allahabad High Court
Mohd. Nafees And Others vs State Of U.P. Thru. Prin. Secy. Home, ... on 19 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:47366 Court No. - 28 Case :- APPLICATION U/S 482 No. - 6641 of 2023 Applicant :- Mohd. Nafees And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Dileep Kumar Tiwari,Md.Khurshed Ahmad Counsel for Opposite Party :- G.A.,Anil Kumar Srivastava,Manoj Kumar Singh Hon'ble Shree Prakash Singh,J.
Vakalatnama filed by Sri Anil Kumar Srivastava, Advocate on behalf of the opposite party no.2 is taken on record.
Heard learned counsel for the applicants, Sri Anil Kumar Srivastava, learned counsel for the opposite party no.2 Sri Aniruddh Kumar Singh, learned A.G.A. for the State and perused the material on record.
Instant application has been filed with the prayer to direct the Chief Judicial Magistrate, Court No.16, Sultanpur to recall the N.B.W. /82 Cr.P.C. order dated 26.6.2023 passed by Chief Judicial Magistrate, Court Room No.16, Sultanpur arising out of Case Crime No.109 of 2021 under Sections 147, 148, 323, 336, 307, 302, 34, 504, 325 I.P.C. Police Station Musafirkhana, District Amethi in Criminal Case No.421-A/2021 (State Vs. Imtiyaz Ahmad and others), pending in the court of Chief Judicial Magistrate, Court Room No.16, Sultanpur arising out of Case Crime No.109 of 2021 under Sections 147, 148, 323, 336, 307, 302, 34, 504, 325 I.P.C., Police Station Musafirkhana, District Amethi in Criminal Case No.421-A/2021 (State Vs. Imtiyaz Ahmad and others) pending in the court of Chief Judicial Magistrate, Court Room No.16, Sultanpur.
Learned counsel for the applicants submits that on 10.5.2022, the trial court passed the order in Criminal Case No.4211 of 2021, State Vs. Moin and others wherein protest application was allowed and the applicants were summoned under Sections 147, 148, 323, 336, 307, 302, 34, 504 and 325 I.P.C. Thereafter, the applicant filed revision on 7.6.2022, against the order dated 10.5.2022, which is pending consideration before this Court. He also added that after exchanging of the pleadings, the parties have concluded their arguments and, now, the order is to be passed in the revision petition.
Contention of the learned counsel for the applicants is that the revision is pending against the order dated 10.5.2022 and that too is at the advance stage wherein the arguments have already been concluded and, now, the order is to be delivered, thus, the proceedings before the trial court may be stayed uptil the revision is decided finally. He also added that after filing of the revision, the non bailable warrant as well as the proclamation under Section 82 Cr.P.C. has already been issued, vide order dated 26.6.2023.
On the other hand, learned counsel for the opposite party no.2 has very vehemently opposed the contention aforesaid and submits that since the applicant has absconded from the proceedings of the trial court and, therefore, the order dated 26.6.2023 has rightly been passed. He further added that in fact, detailed order has been passed by the trial court on 10.5.2022 after considering the protest application and thus, no interference is warranted.
Per contra, learned A.G.A. for the State has also supported the version of the learned counsel for the opposite party no.2 and submits that there is no unlawfulness or erroneousness in the order passed by the learned trial court and, therefore, the applicants are not entitled for any relief.
Having heard learned counsel for the parties and after perusal of the record, it transpires that the trial court has passed the order on 10.5.2022 inCriminal Case No.4211 of 2021 wherein, while accepting the protest application, the present applicants have been summoned. From perusal of the order, it transpires that detailed order has been passed by the trial court. This Court has considered the contention of the learned counsel for the applicant that the revision has been filed against the order dated 10.5.2022 and that too is at the very advance stage as argument has already been concluded and only the order is to be delivered. This Court has further noticed the fact that non-bailable warrant as well as the proclamation under Section 82 of the Cr.P.C. has already been issued in the case before the trial court.
The revision is pending against the order dated 10.5.2022 passed by the trial court and that is at the advance stage, therefore, looking into the peculiar circumstances of the case, the order dated 26.6.2023 by which the N.B.W as well as the proclamation under Section 82 Cr.P.C. was issued against the applicants is hereby stayed till the finalization of the revision pending before the revisional court. The revisional court is further directed to decide the revision in accordance with law within further period of thirty days, from the date of production of this order.
After the order passed by the revisional court, the trial court is at liberty to pass fresh order and proceed in Criminal Case No.4211 of 2021.
With the aforesaid observations, instant application is hereby disposed of.
Order Date :- 19.7.2023 Ram Murti