RUKHSANA BEGUM Vs. STATE OF U P

JUDGEMENT

(1.) ON mention being made in the morning that trial Judge in a haste has issued non -bailable warrant as well as process under Sections 82 and 83, Cr.P.C. against the applicants and therefore, the matter is urgent, I direct the record of this case to be summoned.

(2.) HEARD the learned counsel for the applicants and learned AGA for and against of this application. A certified copy of the order -sheet of the trial Court of the concerned S.S.T. No. 161 of 2008, state v. Rukhsana Begum and others, has been produced before me which I take on record.

(3.) ON the aforesaid date i.e. 19.2.2009 prosecution witnesses did not appear and therefore, the trial Judge issued bailable warrant against the two witnesses Smt. Kamala Devi and Ram Nath fixing 18.3.2009 for their appearance and evidence. On 18.3.2009, though the witnesses were present but the present accused applicants were absent and hence trial Judge cancel their bail, issued NBW and simultaneously issued process under Sections 82 and 83, Cr.P.C. against them fixing 20.4.2009. Hence this application under Section 482, Cr.P.C. for quashing the order dated 18.3.2009 and the coercive measures.