ANNU @ SMT. ANURADHA Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under section 482 Cr.P.C. has been filed by the applicants with the prayer to set-aside the impugned order dated 19.8.2019 passed by Additional Chief Judicial Magistrate, Court No.3, Ghaziabad in Criminal Case No.8703 of 2016 (State Vs. Suraj and others) arising out of case crime no.717 of 2016 under sections 498-A, 323, 326, 307 IPC, Police Station Sihani Gate, District Ghaziabad. Further prayer has been made to direct the court concerned to commit the case of the applicants to the Sessions Court, Ghaziabad through counsel and grant further protection to the applicants against any coercive measure which may be taken by the court concerned.

(2.) Heard Sri Nirvikar Gupta, learned counsel for the applicants and Sri Birendra Singh Khokher, learned counsel for the opposite party no.2 as well as learned A.G.A. for the State.

(3.) It was submitted by the learned counsel appearing for the applicants that applicants approached this Court invoking jurisdiction under section 482 Cr.P.C. against the order taking cognizance in the matter and the applications were disposed of vide order dated 11.4.2018 extending liberty to the applicants to move discharge application under section 239 Cr.P.C. within 15 days. Court below was directed to decide the discharge application within 30 days thereafter. It was also directed that till then no coercive action shall be taken against the applicants. In compliance of the direction given by this Court on 11.4.2018 in the applications under section 482 Cr.P.C., applicants moved discharge application before the Magistrate concerned, which was rejected on the ground that offences levelled in the matter were exclusively triable by the Court of Session. It was further submitted that applicants again approached this Court against the order dated 5.7.2018 passed by the Magistrate concerned, but this Court dismissed the application under section 482 Cr.P.C. on 25.7.2018. It was next submitted that feeling aggrieved, applicants filed Special Leave to Appeal (Criminal) No.7652 of 2018 before the Hon'ble Supreme Court, but the Hon'ble Supreme Court did not interfere in the order dated 25.7.2018 passed by this Court in application under section 482 Cr.P.C., but liberty was granted to the applicants to move discharge application under section 227 Cr.P.C. before the Sessions Court vide order dated 30.11.2018. Protection was also granted to the applicants for three months in terms of order dated 11.4.2018 passed in the first applications moved under section 482 Cr.P.C. by the applicants before this Court. It was further argued that again application was moved by the applicants before the court concerned in compliance of the directions given by the Hon'ble Supreme Court to commit the case through counsel, but the Magistrate concerned rejected the application of the applicants observing that case could only be committed to the Sessions Court for trial when provisions of Sections 207 and 209 Cr.P.C. have been complied with. It was also observed that since applicants have not surrendered before the court concerned, therefore, case could not be committed. Referring to the application dated 24.6.2019 moved by the applicants before the court of Magistrate concerned, it was further argued that non-bailable warrant order dated 22.7.2019 issued against the applicants is illegal and without applying judicial mind. It was next argued that against the order dated 22.7.2019, application u/s 482 No. - 28933 of 2019 moved by the applicants was disposed of again vide order dated 26.7.2019 staying the effect and operation of order dated 22.7.2019.