Allahabad High Court
Bhagwan Das And Others S vs State Of U.P. And Another on 6 January, 2010
Author: Vineet Saran
Bench: Vineet Saran
Court No. - 55 Case :- APPLICATION U/S 482 No. - 31 of 2010 Petitioner :- Bhagwan Das And Others S Respondent :- State Of U.P. And Another Petitioner Counsel :- R.P.Tripathi,Ashutosh Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Vineet Saran,J.
Heard learned counsel for the applicants as well as learned Additional Government Advocate appearing for the State and have perused the record.
This application under section 482 Cr. P.C. has been filed challenging an order dated 13.6.2002 passed by Chief Judicial Magistrate, Mathura summoning the applicants in complaint case no. 370/IX of 1999. All the eight applicants were summoned by the said order whereas eleven other persons, who were named in the complaint, were not summoned. The applicants chose to kept quiet and did not challenge the said order for more than seven years even though the complainant-respondent no.2 had challenged the said order in a revision since the other 11 persons named in the complaint had not been summoned. The said revision of the complainant-respondent no.2 has also been dismissed by the revisional court more than eight months back on 24.4.2009. It is not disputed by the learned counsel for the applicants that the order dated 13.6.2002 is a revisable order but admittedly the applicants did not file any revision challenging the said order. Now after more than seven years they have filed the present application under section 482 Cr.P.C. without giving any reasonable explanation for challenging the said order after such delay and also has not been able to satisfy this Court as to why they did not avail the alternative remedy of filing the revision. In such circumstances, this Court would not be inclined to invoke its inherent jurisdiction under section 482 Cr.P.C.
This application under section 482 Cr.P.C. is, thus, dismissed. However, in case if the applicants surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided expeditiously in view of the settled law laid down by this Court in the case of Amrawati and another vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by the Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
Order Date :- 6.1.2010 dps