- (1.) I. M. Quddusi, J. Heard the learned counsel for the applicants and the learned Additional Government Advocate.
(2.) CRIMINAL Misc. Application No. 3670 of 1996 has been filed on behalf of Udaibhan and Suraj Bhan Karwaria while CRIMINAL Misc. Application No. 3760 of 1996 has been filed on behalf of Kapil Muni Karwaria. These applications have been filed against the order dated 16. 8. 1996 passed by the Chief Judicial Magistrate, Allahabad and 17. 8. 1996 passed by the learned Ses sions Judge, Allahabad. The learned Chief Judicial Magistrate has issued Proclammation under Section 82/83 Code of Criminal Pro cedure by one and the same order against Udai Bhan Karwaria and Suraj Bhan Kar waria and only under Section 82 Cr. P. C. against Kapil Muni Karwaria.
(3.) LEARNED Counsel for the applicants has contended that process under Section 82, Cr. P. C. and order of attachment of property under Section 83 Cr. P. C. cannot be ordered together by one and the same order, but the learned Magistrate vide his order dated 16th August, 1996 issued process under Section 82, Cr. P. C. and passed order under Section 83, Cr. P. C. together against the first two applicants, viz. Udai Bhan Kar waria and Suraj Bhan Karwaria and that the applicants cannot be termed as 'absconders. Brief facts of the case are that the applicants are involved in Case Crime No. 515 of 1996 under Section 147, 148, 149, 302,307/34 I. P. C. and Section 7 of Criminal Laws Amendment Act, Police Station Civil Lines, Allahabad regarding an incident which had taken place on 13. 8. 1996. On 14. 8. 1996 an application was moved by the Officer-in-Charge of the Police Station Civil Lines, before the Chief Judicial Magistrate, Allahabad to issue process against the applicants under Sections 82/83 Cr. P. C. A copy of that application and af fidavit has been filed as Annexure "1" to the affidavit filed in support of the present ap plication. Non-bailable warrants were is sued on 14. 8. 1996 On the same day wife of Kapil Muni Karwaria, namely, Shrimati Kalpana Karwaria moved an application before the Chief Judicial Magistrate, refer ring the case law laid down by this Court in the matter of Devendra Singh Negi alias Debu v. State of U. P, 1993 U. P. Cr. R. 260 : 1993 JIC 434 (All) and prayed for not issu ing order under Section 83, Cr. P. C. On 16-8-1996 again the officer-in-charge of police station Civil Lines, submitted a report before the Chief Judicial Magistrate for issuing process against the applicants under Sections 82/83 Cr. P. C. He had also filed an affidavit along with the report, a copy of which has been filed as Annexure "3 to the affidavit filed in support of the application. The learned Chief Judicial Magistrate, Allahabad passed an order issu ing process against the first two applicants under Section 82/83, Cr. P. C. for proclam-mation and attachment of property. Con sidering the report submitted on the non-bailable warrant already issued, the same day. Against the said order the applicants preferred Criminal Revision No. 889 of 1996 before the Sessions Judge, Allahabad which was dismissed on 17-8-19%. There after the applicants have filed these peti tions under Section 482, Cr. P. C. for inter ference by this Court.;