JAGAN NATH Vs. STATE OF U P

JUDGEMENT

(1.) A. Mateen, J. Heard learned counsel for the petitioners and learned Additional Public Prosecutor.

(2.) THIS petition under Section 482 Cr. P. C. has been preferred by petitioners being aggrieved against order dated 19-9-2003 passed by the Chief Judicial Magistrate, Gonda by means of which non- bailable warrants of arrest have been issued against the petitioners in Case No. 2491/03/01 under Sections 145, 148, 323, 504, 506, 452, 427, 448, 379 IPC and process under Sections 82/83 Cr. P. C. has also been issued against them fixing 22-11-2003 in the case.

(3.) LEARNED counsel for the petitioners placed reliance on the case of Vishwa Nath Jiloka v. Ist Munsif, Lower Criminal Court, Bahraich, reported in 1990 (1) JIC 721 (All) : 1990 Lko Cr R 136. The facts of the said decision are quite different and are not applicable to the facts of the present case. While considering the facts and circumstances of the in hand and also from the order dated 19-9-2003 it clearly comes out that the application moved by the accused persons was rejected and they were directed to appear by the order of the learned Magistrate dated 8-7-2003. The order seems to be germane and in accordance with law. Even the impugned order contained in Annexure-1 to the petition dated 19-9-2003 is in consonance with the provisions of the Code of Criminal Procedure. Even the impugned order contained in Annexure-1 to the petition dated 19-9-2003 is in consonance with the provisions of the Code of Criminal Procedure.