- (1.) B. K. Rathi, J. Heard Sri Gulab Chandra, learned Counsel for the applicants and the learned AGA.
(2.) THE applicants are accused in Sessions Trial No. 1335 of 1999. It appears that it was received after committal in the Court of Sessions Judge, Allahabad on 17-11-1999 and was transferred to the Court of 18th Additional Sessions Judge on 10-5-2000. After the trial was received in the Court of Additional Sessions Judge, he ordered for issue of notices to the applicants for appearance. Several times, order was passed for issue of notices and ultimately, non-bailable warrants and proceedings under Section 82/83, Crpc and notices under Section 446, Crpc were issued against the applicants. The applicants have filed the entire order sheet of the Sessions Trial. It has been argued that the presiding officer passed several orders for issue of notices to the applicants but no notice was ever issued by the office ; that without looking to this fact that notice has not been issued and no notice has been served, non-bailable warrants, proceedings under Sections 82/83 Crpc and notice under Section 446 Crpc have been issued. It has also been contended that the applicants had no knowledge regarding the case.
(3.) THE applicants undertake to appear in the trial Court within two weeks from today. I therefore, direct that the execution of non-bailable warrants, proceedings under Sections 82/83 Crpc and notice under Section 446 Crpc shall remain suspended for two weeks from today. If the applicants appear before the learned Addl. Sessions Judge within two weeks from today, the order of the learned Addl. Sessions Judge dated 7-2-2002 issuing proceedings shall stand quashed.;