VIKRAM SHARMA Vs. STATE OF H P

JUDGEMENT

(1.) Petitioners were witnesses in a criminal case under SectionsJ95, 323, 148 read with Section 149 I.P.C. and Shri Kewal Krishan was One of the accused therein. On the conclusion of the criminal case, it appears that the accused were acquitted whereupon, Kewal Krishan aforesaid moved an application, alleging by giving details of the commission of offence Under Section 211 I.P.C.

(2.) On considering the application,- the leamed Sessions Judge was of the opinion that in the interest of justice, the ,offence should be enquired into. He made a preliminary inquiry and consequently, sent a complaint in writing under his signatures to the learned Chief judicial Magistrate alongwith statements of P.Ws. 1 to 3, 6 and 8 as also D.W. 1 alongwith the complaint, besides documentary evidence in the form of Ex. D .E. Ex. P.D. with the copy of judgment dated 21.2.1994. S/Sh. Kewal Krishan (applicant).and Harbans Lal (D.W.1) were cited as witnesses alongwith the Clerk of the Court of the learned Sessions Judge. The complaint was sent to the learned Chief Judicial Magistrate for its disposal in accordance with law. Simultaneously, petitioners/accused were directed to appear before the concerned Court on 15.6.1994. Petitioners failed to put in appearance which resulted in the issuance of non-bailable warrants against them.

(3.) Aggrieved with the aforesaid order, the petitioners have approached this Court by way of an application under Section 438 Cr. P.C., seeking grant of anticipatory bail in the event of their arrest Pursuant to the non-bailable warrants issued to each one of them by the learned Chief Judicial Magistrate.