ZAHID HUSSAIN AND ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Learned Special Judicial Magistrate, Khatima, District Udham singh Nagar passed an order on 28.01.2008 for registration of a criminal case against the sureties (applicants herein) under Section 446 Cr.P.C. Subsequently on 20.02.2008, in the absence of the sureties, learned Special Judicial Magistrate gave direction for issuance of recovery warrant against them. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the sureties (applicants herein).

(2.) Section 449 Cr.P.C. provides as under :

(3.) It will also be useful to reproduce herein the observations made by the Hon'ble Supreme Court in Mohd. Kunju vs. State of Karnataka, 2000 AIR(SC) 6,