SMT. MANJU BHALLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Kunwar Mridul Rakesh, learned Senior Advocate assisted by Mr. Manish Bajpai, learned Counsel for the petitioner and Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate as well as Mr. Vivek Bhatt, learned Counsel for Mr. Hazari Lal Mehrotra. The petitioner has challenged the orders dated 10.9.2008, 3.10.2008 and 12.11.2008 passed in Case No. 1781 of 2006 passed by Additional Chief Judicial Magistrate Ist, Lucknow whereby non-bailable warrant as well as process under Sec. 82, Cr. P.C. have been issued for the reason that the petitioner failed to appear before this Court on 10.9.2008.

(2.) Learned Counsel for the petitioner submits that during the course of proceeding the petitioner surrendered before the Court below and submitted an application of bail, that was allowed and she was already on bail. However, on 10.9.2008, due to sickness as she is old lady could not appeared. The Court below proceeded to pass the orders impugned. The petitioner is still ready to appear before the Court and furnish the bonds and sureties in the like amount to the satisfaction of C.J.M. concerned. Since the petitioner was already on bail and there is no allegation of misuse of the same and default of attending the Court has been done due to her sickness. I am also informed that those orders were also challenged before the learned Sessions Judge through revision but the same has been dismissed being interlocutory orders. Therefore, the petitioner has come before this Court under Sec. 482, Cr. P.C.

(3.) Considering the facts and circumstances of the case, I hereby set aside the orders dated 10.9.2008, 3.10.2008 and 12.11.2008 passed in Case No. 1781 of 2008 passed by Additional Chief Judicial Magistrate Ist, Lucknow. I hereby further provide that on the next date the petitioner shall surrender before the Court below and shall be released on furnishing bonds and sureties to the like amount to the satisfaction of C.J.M. concerned. The petition is allowed. Petition Allowed.