MUNAVWAR Vs. STATE OF U.P. AND ANOTHER

JUDGEMENT

(1.) Heard Sri. Mukhtar Alam, learned counsel for the applicant, the learned A.G.A. for the State and Sri. K.N. Shukla, learned counsel for the opposite party no.2.

(2.) This application under Section 482 Cr.P.C. has been filed challenging the order dated 3rd May, 2018 passed by the Additional Chief Judicial Magistrate/Civil Judge (Senior Division), Mau in Complaint Case No. 19 of 2018 (Sabira Khatoon v. Munnauwar Ali) arising out of Case Crime No. 254 of 2013 , under Sections 354, 376, 506 I.P.C., Police Station Mohammadabad Gohna, District Mau as well as the entire proceedings of the above mentioned complaint case. The applicant has also challenged the order dated 3rd July, 2018 passed by the Additional Chief Judicial Magistrate/Judicial Magistrate, whereby the Non-Bailable Warrant has been issued against the applicant.

(3.) From the record, it appears that initially a first information report dated 29th June, 2013 (Annexure-2 to the affidavit filed in support of the present application) was lodged by the opposite party no.2 against the applicant, which was registered as Case Crime No. 254 of 2013 under Sections 354, 376, 506 I.P.C., Police Station Mohammadabad Gohna, District Mau. Upon completion of the statutory investigation, in terms of Chapter XII Cr.P.C., the police submitted the final report no. 77 of 2013 dated 1st December, 2013. The first informant i.e. the opposite party no.2 herein filed a protest petition against the final report, which came to be allowed by the Magistrate vide order dated 28th April, 2016. By means of the order dated 25th April, 2016, the protest petition filed by the first informant was allowed and it was directed that the protest petition filed by the opposite party no.2 shall be treated as complaint and proceeded with as a complaint case. After taking the evidence of the complainant in terms of Section 200 Cr.P.C. and that of his witnesses in terms of Section 202 Cr.P.C., the Magistrate summoned the applicant vide summoning order dated 12th April, 2018. Aggrieved by the summoning order dated 12th April, 2018, the applicant preferred a Criminal Revision before the District and Sessions Judge, Mau, which was registered as Criminal Revision No. 54 of 2018 (Munnawar Ali v. State of U.P. and Another) . The said criminal revision is said to be pending. During the pendency of the said criminal revision the applicant filed an application dated 3rd May, 2018 before the Magistrate praying therein that since the applicant has already been enlarged on bail, therefore, the bail of the applicant be extended on the same sureties and on the same bail bonds. This application of the applicant came to be rejected by the Magistrate by means of the order dated 3rd May, 2018. The Magistrate subsequently issued Non-Bailable Warrant against the applicant vide order dated 3rd July, 2018.