HONBLE VIKRAM NATH, J. - (1.) LEARNED counsel for the applicants upon oral request is permitted to correct the sections mentioned in the application. Heard learned counsel for the applicants and the learned A.G.A. for the State.
(2.) THE applicants were summoned by order dated 25.01.2013 in Complaint Case No.221 of 2012. The applicants filed an application under section 482 Cr.P.C. registered as Application U/S 482 No.4516 of 2013 in which this Court passed a reasoned order staying the operation of the summoning order and further stayed the proceedings of the Complaint Case No.221 of 2012 by the order dated 5.2.2013. The said order is reproduced below - "Heard Sri Rajendra Kumar Mishra, learned counsel for the applicants and learned AGA for the State. By means of this application filed under Section 482 Cr.P.C., the applicants have prayed for staying the summoning order dated 25.1.2013 passed by Additional Chief Judicial Magistrate, Court No.7 Varanasi in complaint case No. 221 of 2012 (Munna Rai Vs. Sanjay Srivastava and others) by which the learned Additional Chief Judicial Magistrate has summoned the applicants under Sections 384, 323, 504 and 506 I.P.C.A further prayer has also been made to stay the further proceedings of aforesaid complaint case No. 221 of 2012. It has been contended by the learned counsel for the applicant that the applicants are the tenant and opp. party No.2 is the landlord. He further submits that there was some dispute between the applicants and opp. party No.2 regarding eviction of the house for which a civil suit has been filed by opp. party No.2 and false allegations have been levelled against the applicants for evicting them from the premises. He further submits that the final report was submitted in the year 2009 and after three years of the submission of the final report, the protest petition was filed in which the applicants have been summoned to face the trial. Notice on behalf of opp. party No. 1 has been accepted by the learned AGA. Issue notice to opp. party No.2 returnable within four weeks at the address given in the petition. If the requisites for issuing the notice under Registered Postal Cover With Acknowledgement Due are not filed within ten days, this petition shall stand dismissed without further reference to any Bench of this Court. Opp. party No.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
(3.) LIST immediately after expiry of the aforesaid period. Till the next date of listing, the effect and operation of the impugned summoning order dated 25.1.2013 passed by Additional Chief Judicial Magistrate, Court No.7, Varanasi in complaint case No.221 of 2012 (Munna Rai Vs. Sanjay Srivastava and others) and also the proceedings of the aforesaid complaint case No. 221 of 2012 (Munna Rai Vs. Sanjay Srivastava and others) shall remain stayed."? According to the learned counsel for the applicants on 2.4.2014 the said petition under section 482 Cr.P.C. was dismissed for non prosecution as the counsel for the applicant could not attend the Court. Thereafter a restoration application has been filed which is said to be still pending. In the mean time the Additional Chief Judicial Magistrate, Court no.7, Varanasi has issued non -bailable -warrats against the applicants by order dated 30.05..2014, fixing 15.07.2014.;