Court No. - 83

Case :- APPLICATION U/S 482 No. - 19793 of 2020

Applicant :- Ramji Mishra

Opposite Party :- State Of U.P. And An 6 Others

Counsel for Applicant :- Ravi Prakash Pandey

Counsel for Opposite Party :- G.A.,Vinod Kumar Patel

Hon'ble Rajeev Misra,J.

1. Heard Mr. Ravi Prakash Pandey, learned counsel for

applicant, learned AGA for State and Mr. Vinod Kumar Patel,

learned counsel representing opposite parties-2 to 7.

2. Perused the record.

3. This application under section 482 Cr.PC has been filed

challenging order dated 24.09.2019 passed by Chief Judicial

Magistrate, Ballia in Case No. 2159 of 2017 (Ramji Vs. Vinod

and others) as well as order dated 17.12.2019 passed by

Sessions Judge, Ballia in Criminal Revision No. 51 of 2019

(Ramji Misra Vs. State of U.P. and others) whereby aforesaid

criminal revision arising out of order dated 24.09.2019, has

been dismissed.

4. Record shows that feeling aggrieved by summoning order

dated 24.02.2017 passed by Chief Judicial Magistrate in

Complaint Case No. 5159 of 2017 (Ramji Mishra Vs. Vinod

gupta and others) under Sections 147, 302 and 201 I.P.C.,

Police Station-Bansdeeh Road, District-Ballia as well as the

order dated 06.03.2018, whereby non-bailable warrants have

been issued against applicants, applicants earlier approached

this Court by means of an Application under Section 482

Cr.P.C. No. 11439 of 2018 (Vinod Gupta and 5 others Vs. State

of U.P. and another). Aforesaid application came to be

dismissed vide judgement and order dated 31.05.2018.

5. Feeling aggrieved by judgement and order dated 31.05.2018,

opposite parties 2 to 7 approached Supreme Court by filing

Special Leave to Appeal (Criminal) No. 7496 of 2018 (Vinod

Gupta and others Vs. The State of Uttar Pradesh and others),

wherein Supreme Court passed following order on 17.09.2018:

" Issue notice.

On the petitioners' undertaking that they will appear on 24.09.2018

before the court of learned Chief Judicial Magistrate, Ballia, there shall

be stay of non-bailable warrants issued against them."

6. Pursuant to order dated 17.09.2018, opposite parties 2 to 7

appeared before court below by moving an application dated

24.09.2018. Photocopy of the same is on record at page 95 of

the paper-book. On aforesaid application filed by opposite

parties 2 to 7, Chief Judicial Magistrate, Ballia passed an order

dated 24.08.2018 in Case No. 2159 of 2017 (Ramji vs. Vinod

and others).

7. Chief Judicial Magistrate, Ballia vide order dated 24.08.2019

proceeded to conclude that since proceedings of the case have

been stayed by Supreme Court, therefore, in compliance of

order dated 17.09.2018, it is directed that further proceedings of

above mentioned case against opposite parties 2 to 7 shall

remained stayed.

8. Applicant-Ramji Mishra, who is complainant, feeling

aggrieved by order dated 24.09.2018 passed by Chief Judicial

Magistrate, Ballia, challenged the same by means of Criminal

Revision No. 51 by 2019 (Ramji Mishra Vs. State of U.P. and

others) before District and Sessions Judge, Ballia. Aforesaid

Criminal Revision also came to be dismissed vide order dated

17.12.2019 passed by District & Sessions Judge, Ballia.

9. Feeling aggrieved by order dated 17.12.2019 passed by

District and Sessions Judge, Balia and order dated 24.09.2018

passed by Chief Judicial Magistrate, Ballia, revisionist, who is

complainant of afore-mentioned case, has now approached this

Court by means of present application under Section 482

Cr.P.C.

10. Learned counsel for applicant contends that order impugned

dated 24.09.2018 passed by Chief Judicial Magistrate, Ballia is

manifestly illegal and contrary to the record. He submits that

Supreme Court vide order dated 17.09.2018 clearly provided

that in case opposite parties 2 to 7 appear before court below in

that eventuality non-bailable warrants issued against them shall

remain stayed. However, order dated 24.09.2018 passed by

concerned