Balli Dubey and Another vs State of M.P. and Another

Brij Kishore Dube, J.—Heard on the question of admission and perused the record. This petition u/s 482 of Cr.P.C. is preferred by the petitioners for quashing the order dated 16.8.2012 passed by Judicial Magistrate First Class, Gwalior in Complaint Case No. 7567/2012, wherein on the basis of complaint made by the respondent No. 2 herein/complainant, cognizance under Sections 365, 344, 346, 323 read with 34 of IPC has been taken against the accused persons including the present petitioners and directed to issue bailable warrants for securing their presence before it.

The limited prayer of the learned counsel for the petitioners is that petitioners are willing to surrender before the Court below and therefore, the Court below may be directed to decide the bail application submitted by the petitioners on the same date. In this regard, learned counsel for the petitioners placed reliance on the decision of the Apex Court in Uma Shanker Mishra Vs. State of U.P. and another, 2011 LE 55930 All.

The prayer is not opposed by the learned counsel for the respondent No. 2, however, he submitted that the filing of application and date of surrender by the petitioners be intimated to the complainant, so that he may appear before the Court below.

Considering the submissions of the learned counsel for the parties and facts of the case, the present petition is disposed of with a short direction that in case the petitioner surrenders before the concerned Court within fifteen days from today and after surrender submits an appropriate application then the same shall be considered and adjudicated by the such Court expeditiously in accordance with law. Till then, no coercive action shall be taken against the petitioner in regard to the execution of the non-bailable warrant issued against him.

This petition is disposed of accordingly. Certified copy as per rules.