- (1.) LEARNED counsel for the parties were heard and record was perused.
(2.) BY means of the instant application under Section 482 Cr.P.C., the applicant has made prayer to quash the order dated 03.02.2015 which has been passed on his application whereby he had made a prayer to recall the process dated 01.01.2015 issued against applicant Vivek Jain whereupon the Court passed the following order: - "Accused is present in person in Court. He has been heard on application and counsel for CBI has also been heard and record has been perused. In view of abscondence of accused process under Section 82/83 Cr.P.C. was issued against him which is mentioned in order sheet dated 01.01.2015 and 23.12.2014. Hence, there exist no ground for recalling of process issued against him. Accused is present today. He be taken into custody in this case."
(3.) SUBMISSION of learned counsel for the applicant is that he was granted bail by this Court vide order dated 07.10.2013 passed in Criminal Misc. Case No.1282 (B) of 2013. Thereafter, because of non -appearance of the applicant non -bailable warrant was issued against him and said order was challenged by the present applicant in Writ Petition No.8729 (MB) of 2014. The Division Bench of this Court vide order dated 06.09.2014 passed the following order: - "Considering the submissions made by learned counsel for the petitioner, it is directed that in case the petitioner appears before the court concerned on or before 10.09.2014, non -bailable warrant issued against him shall be kept in abeyance but the petitioner shall give undertaking to the court concerned that on the future dates, he shall appear before the court concerned regularly." Thereafter again in the same writ petition, the Division Bench vide order dated 14.10.2014 directed as under: - "This application has been filed praying that the applicant should be made to appear before the court below in compliance of the directions of the High Court dated 6.9.2014 only as and when required and subject to any orders being passed under Section 205 Cr.P.C. by the concerned court on the applications for exemption by the petitioner. Learned counsel submits that the applicant is being summoned even when he is not required on certain pretexts and facts, as have been stated in this application in support of the contention.";