Rajesh Dayal Khare, J. - (1.) HEARD learned counsel for the applicant and learned A.G.A. for the State -respondent. The present 482 Cr.P.C. petition has been filed for a direction to the Chief Judicial Magistrate, Mathura to issue non bailable warrant against the opposite party no. 2 in case crime no. 180 of 2010, under Sections 498A, 304B, 323, 506 IPC and 3/4 of Dowry Prohibition Act, police station Refinery, Mathura, in Sessions Trial No. 478 of 2011.
(2.) LEARNED counsel for the applicant contends that without following the procedure as laid down under Section 209 Cr.P.C., the Chief Judicial Magistrate, Mathura had committed the case to the Court of Sessions. It is contended by the learned counsel for the applicant that the opposite party no. 2 is continuously absconding and filed Special Leave to Appeal (Criminal) No. 5249 of 2010 which was dismissed by the Hon'ble Apex Court vide order dated 28.3.2011 with a direction that the petitioner may file regular bail application, copy of which order has been filed as Annexure -2 to the affidavit accompanying the present application. It is contended that without disclosing the aforesaid facts, the opposite party no. 2 filed Criminal Misc. 482 Application No. 4995 of 2011 before this Court and another Bench of this Court vide order dated 4.5.2011 disposed of the aforesaid petition with a direction that the opposite party no. 2, (applicant) in the aforesaid petition, may file discharge application within a period of 10 weeks which shall be considered and decided as per law. It is contended that pursuant to the aforesaid order passed by this Court, the Additional Sessions Judge, Court No. 7, Mathura passed an order on 18.10.2011 and it is argued that the committal order of the learned Magistrate is bad in law as the procedure under Section 209 Cr.P.C. has not complied. After hearing the learned counsel for the applicant and the learned AGA and after perusing the averments contained in the petition, the present 482 petition is finally disposed of with a direction to the Chief Judicial Magistrate, Mathura, to ensure compliance of Section 209 Cr.P.C. expeditiously, strictly in accordance with law and commit the matter to the Court of Session, which exercise shall be completed within a period of six weeks from the date of production of certified copy of this order before the concerned Magistrate. Learned counsel for the applicant undertake to file an application along with certified copy of this order before the Chief Judicial Magistrate, Mathura within a period of 15 days from today.;