UDAI BHAN KARWARIA Vs. STATE OF U P

JUDGEMENT

(1.) I. M. Quddusi, J. Heard the learned counsel for the applicants and the learned Additional Government Advocate.

(2.) CRIMINAL Misc. Application No. 3670 of 1996 has been filed on behalf of Udaibhan and Suraj Bhan Karwaria while CRIMINAL Misc. Application No. 3760 of 1996 has been filed on behalf of Kapil Muni Karwaria.

(3.) LEARNED Counsel for the applicants has contended that process under Section 82, Cr. P. C. and order of attachment of property under Section 83 Cr. P. C. cannot be ordered together by one and the same order, but the learned Magistrate vide his order dated 16th August, 1996 issued process under Section 82, Cr. P. C. and passed order under Section 83, Cr. P. C. together against the first two applicants, viz. Udai Bhan Kar waria and Suraj Bhan Karwaria and that the applicants cannot be termed as 'absconders.