CRIMINAL MISCELLANEOUS 207 of 1994 on 2 September 1999

1. Atma Ram Gupta, S/O Late D.N. Gupta, Resident Of Maya Bazar South Gate, Police Station- Kotwali, Gorakhpur,U.P.

2. Savitri Devi, W/O Late D. N. Singh, Resident Of Maya Bazar South Gate, Police Station- Kotwali, Gorakhpur,U.P.

3. Sadhu Saran Gupta, S/O Late B.D. Gupta, Resident Of Maya Bazar South Gate, Police Station- Kotwali, Gorakhpur,U.P.

4. Om Prakash, S/O Shri K.L. Gupta, Resident Of Maya Bazar South Gate, Police Station- Kotwali, Gorakhpur,U.P.

5. Anil Kumar Gupta, S/O Shri Raghunat Gupta, Resident Of Maya Bazar South Gate, Police Station- Kotwali, Gorakhpur,U.P.

.... .... Petitioner/s

Versus

1. The State Of Bihar

2. Savitri Devi, D/O Late Krishan Chandra Sah @ Hallu Babu, Resident Of Lallu Babu Ka Kuchcha (Nehru Tola), District- Patna

.... .... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Mishra, Advocate.

For the Opposite Party/s : Mr. D. Nandan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEYORAL ORDER

2 10-02-2012

Head learned counsel for the petitioners and learned counsel for the State.

This application has been filed for quashing the entire proceedings of Complaint Case No. 207 of 1994

wherein the learned Magistrate has declared the petitioners as absconders and issued permanent warrant.

Learned counsel for the petitioners submit that the matter of transfer was before Hon’ble Supreme Court. He further submits that with regard to civil dispute the case was Vinay/- transferred but in a criminal case the Hon’ble Supreme Court refused to pass any order as parties have entered into an agreement and the same is related to the matrimonial dispute. According to the agreement part amount has been paid to the wife and an application was filed before the Hon’ble Supreme Court andHon’ble Supreme Court has passed the order on 2.9.1999 (Annexure-5) giving direction to the parties to approach before the courts concerned. He further submits that they are ready to appear before the court below but there is an apprehension that they will be taken into custody though the dispute has already been settled in between wife and husband.

In this view of the matter, the petitioners are directed to appear before the court below and till the disposal of the petition, warrant of arrest passed against the petitioners in Complaint Case No.207 of 1994, by the Judicial Magistrate, Ist Class, Patna City, Patna will be kept in abeyance.

With the aforesaid observations this application is disposed of.

(Shivaji Pandey, J)