AJAY KAUSHIK Vs. GOVIND SINGH MANOLA

JUDGEMENT

(1.) By way of present application / petition, moved under Section 482 of Cr.P.C., the applicant seeks a direction to the court below (I Addl. Civil Judge (Jr. Div.) / Judicial Magistrate, Dehradun) to decide criminal case no. 842 of 2012 (old no. 7308 of 2009), Ajay Kaushik vs. Govind Singh Manola under Sections 504, 506 of IPC, at an early date.

(2.) A complaint was lodged by the applicant against the respondent in the court of Addl. Chief Judicial Magistrate I, Dehradun. The same was registered as criminal case no. 137 of 1999. The respondent was a Sub Inspector of Police posted in police station Dalanwala, District Dehradun.

(3.) On 09.03.1999, the complaint was presented. The statement of the complainant under Section 200 of Cr.P.C. was recorded on 24.03.1999. Thereafter, on 25.08.1999, statement of PW1 was recorded under Section 202 of Cr.P.C. Statement of PW2 was recorded on 30.08.1999 under Section 202 of Cr.P.C. The accused was summoned to face the trial for the offences punishable under Sections 504, 506 of IPC vide order dated 01.08.2000, passed by the court below. It took sometime for the accused to appear before the court concerned. On 05.04.2005, the accused surrendered before the court below and obtained bail. An application for recalling the summoning order was moved before the learned Magistrate, who did not recall the summoning order and issued non-bailable warrant against the accused because the accused did not appear before the court on the said date. Thereafter, a petition under Section 482 of Cr.P.C. was filed before this Court. Initially, interim stay was granted, but the same was finally vacated vide order dated 15.07.2010. Notice was issued to the accused. When the accused did not appear, bailable warrants were directed to be issued against him.