Rajesh Chaudhary and others vs State of U. P. and another

S.C. Agarwal, J.—Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record. This application has been filed with a prayer to quash the orders dated 9.2.2011 and 27.10.2010, passed by Addl. Chief Judicial Magistrate, Court No. 6, Jhansi in Criminal Case No. 1112 of 2007. State v. Kali Charan and others. under Sections 387, 323, 504 and 506, I.P.C., P. S. Sipri Bazar, district Jhansi.

By order dated 27.10.2010, non-bailable warrants were issued against the applicants whereas by order dated 9.2.2011, the application moved on behalf of the applicants for recalling non-bailable warrants issued against them was rejected.

Earlier, the applicants have approached this Court by means of Application u/s 482, Cr. P.C. No. 19562 of 2008, which was dismissed on 6.8.2008 with the observations that the applicants may move an application for discharge u/s 239, Cr. P.C. or 227/228, Cr. P.C. The applicants did not appear before the Magistrate concerned in person and moved an application for discharge through counsel. Since the applicants did not appear, non-bailable warrants of arrest were issued against them. Even the application for recalling non-bailable warrants was filed without appearing in Court. In these circumstances, the application was rightly rejected by the Magistrate. I do not find any good ground to interfere in the impugned orders.

The application u/s 482, Cr. P.C. is accordingly dismissed.

However, if the applicants surrender before the Magistrate concerned within a period of two weeks from today and apply for ball, their prayer for ball be considered by the courts below expeditiously, if possible on the same day.