SANJAY SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) LEARNED counsel for the applicants upon oral request is permitted to correct the sections mentioned in the application. Heard learned counsel for the applicants and the learned A.G.A. for the State.

(2.) THE applicants were summoned by order dated 25.01.2013 in Complaint Case No.221 of 2012. The applicants filed an application under section 482 Cr.P.C. registered as Application U/S 482 No.4516 of 2013 in which this Court passed a reasoned order staying the operation of the summoning order and further stayed the proceedings of the Complaint Case No.221 of 2012 by the order dated 5.2.2013. The said order is reproduced below -

(3.) LIST immediately after expiry of the aforesaid period. Till the next date of listing, the effect and operation of the impugned summoning order dated 25.1.2013 passed by Additional Chief Judicial Magistrate, Court No.7, Varanasi in complaint case No.221 of 2012 (Munna Rai Vs. Sanjay Srivastava and others) and also the proceedings of the aforesaid complaint case No. 221 of 2012 (Munna Rai Vs. Sanjay Srivastava and others) shall remain stayed."? According to the learned counsel for the applicants on 2.4.2014 the said petition under section 482 Cr.P.C. was dismissed for non prosecution as the counsel for the applicant could not attend the Court. Thereafter a restoration application has been filed which is said to be still pending. In the mean time the Additional Chief Judicial Magistrate, Court no.7, Varanasi has issued non -bailable -warrats against the applicants by order dated 30.05..2014, fixing 15.07.2014.