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IN THE HIGH COURT OF ALLAHABAD
VIKAS KUNVAR SRIVASTAV, J.
Madari Singh @ Shiv Shankar Singh – Appellant
Vs.
Opposite Party :-State Of U.P. & Another – Respondent
U/S 482/378/407 NO. - 1101 OF 2021]
Decided On : 04-03-2021
Code of Criminal Procedure, 1973 - Section 483 and 204 – Indian Penal Code, 1860 - Sections 307/34, 506 – Attempt pot murder - Quash of entire proceeding - Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates - Applicant has himself discloses that earlier also in the same matter an application was filed before this Court under Section 482 Cr.P.C - Applicants were given protection from coercive action for 30 days from date of order. Said application was rejected by court of Magistrate which is made Annexure No.9 to present application on ground that applicants have been summoned under Sections 307/34, 506 I.P.C. which is judicially triable by the Sessions Court, as such he has no jurisdiction to decide discharge application.
Finding of the court: Application moved by the accused-applicant is, thus, maintainable to enforce earlier order of this Court so as to prevent the abuse of process of the Court as the court of Magistrate after rejection of revision has issued Non-bailable Warrant against the accused-applicants - Accused-applicants are directed to appear through counsel before the Court of Sessions and they are at liberty to renew their prayer for discharge from offences through a fresh application before the Sessions Court (trial court).
Result: Application disposed of
JUDGMENT :
Vikas Kunvar Srivastav,J.
1. The case is called out.
2. Learned counsel for the applicant, Sri Amit Tripathi, Advocate and learned A.G.A. for the State, Sri S.P. Tiwari, Advocate are present.
3. The present application under Section 482 Cr.P.C. is moved on behalf of the applicant to quash the entire proceeding of the Case No.261/2020, Case Crime No.127/2003 under Sections 307/34, 506 I.P.C., Police Station-Hasanganj, District-Unnao, the order dated 18.2.2021 passed by the learned court below i.e., Additional Chief Judicial Magistrate-II, Unnao by which the learned court below has wrongly issued the non-bailable warrant against the applicant, the order dated 4.11.2020 passed by learned court below in Case No.261/2020 under Section 307/34, 506 IPC, Police Station-Hasanganj, District-Unnao, the order dated 18.12.2020 passed by learned Session Court, Unnao in Criminal Revision No.63/2020 as well as the order dated 15.2.2021 passed by Session Judge, Unnao in Criminal Misc. Case No.134/2021 and compliance for the order dated 22.4.2019 passed by this Hon'ble Court in Criminal Misc. Case No. U/S 482 No.4261 of 2009.
4. In para-2 of the application, the applicant has himself discloses that earlier also in the same matter an application was filed before this Court under Section 482 Cr.P.C. The said para-2 is quoted hereunder:-
5. The Annexure No.2 is the order of this Court dated 22.4.2019 in aforesaid application under Section 482 Cr.P.C., of which para-3 and 4, relevant for the purpose of the present application are quoted hereunder:-
4. Accordingly, the petitioners are granted liberty to file an application in conformity with the provisions of Cr.P.C., within a period of two weeks from today. After the said application is filed, learned trial Court is directed to dispose of the same within a period of thirty days thereafter. The petitioners are also granted liberty to appear through his counsel. Till expiry of the aforesaid period, no coercive steps shall be taken against them."
6. Pursuant to the order of the Court as to the liberty to move application for discharge before the trial court, was sought to be availed by the applicants. They moved an application on 6.5.2019 before the court of Judicial Magistrate, Unnao through counsel, wherein the case was pending. In view of the order dated 22.4.2019 of this Court, the applicants were given protection from coercive action for 30 days from the date of order. The said application was rejected by the court of Magistrate on 4.11.2020 which is made Annexure No.9 to the present application on the ground that the applicants have been summoned under Sections 307/34, 506 I.P.C. which is judicially triable by the Sessions Court, as such, he has no jurisdiction to decide the discharge application.
7. Against the said order, applicants preferred a revision which was finally decided on 18.12.2020 on the ground that learned court below is looking after the case as a complaint case and as the matter pertains to warrant cases which are triable by the court of sessions, as such, he has no jurisdiction to decide the discharge application and the order suffers no vice.
8. Another application was moved by the applicants for their discharge, according to aforesaid order of revisional court under section 227 of the Cr.P.C. before the Session court. Learned court of Sessions dismissed the application on 15.2.2021 on the simple ground that case i
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