RAGHVENDRA KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This application has been filed under Section 482, Cr. P. C. for quashing the orders dated 11-5-2007 and 15-5-2007 passed by the Chief Judicial Magistrate, Varanasi in Criminal Case No. 6637 of 2006, State v. Raghvendra and Ors. , under Sections 498-A, 313, 406, 504 and 506, IPC and Section 3/4 Dowry Prohibition Act issuing non bailable warrants against the applicants.

(2.) HEARD learned Counsel for the applicant and learned A. G. A.

(3.) IT has been submitted before me that the applicant had deposited the entire amount as directed by this Court vide order dated 8-3-2006 in Criminal Misc. Writ Petition No. 2908 of 2006. IT has further been submitted that in the aforesaid order it had been provided that the petitioner shall not be arrested in the case till the trial starts, and since the offence under Section 313, Cr. P. C. (sic Penal Code) is triable by the Court of session, the trial can start only in the Court of Session and so the Magistrate has no jurisdiction to pass the order for issuing non- bailable warrant against the petitioners to procure their attendance. The accused applicants have also filed photocopies of bank drafts/challan forms to show that they have deposited the amount which was payable to opposite party No. 2, in the account of Chief Judicial Magistrate, Varanasi in the State Bank of India, Varanasi.