S.C.MITTAL, J. - (1.) THE facts giving rise to this petition are that earlier Jasmohinder Singh filed Criminal Miscellaneous 479-M/1982, under section 478 of the Code of Criminal Procedure against the Union Territory of Chandigarh thought the SHO, Police Station Central Sector 17 Chandigarh and the Station Officer, Police Station Dallanwala, Dehra Doon (U.P.). By an order of D.S. Tewatia, J. dated February 5, 1982, the first respondents (Union Territory of Chandigarh) was deleted. As none appeared for the second, respondent, the following order was passed by the learned Judge on July 16, 1982. "Non appears despite notice to oppose the anticipatory bail sought by the petitioner. Since the petitioner has not mentioned in the petition that nay FIR has been lodged against him and has been expressed mere apprehension of arrest, it may be ordered that in the event of any case being registered attains him and arrest is to be effected in pursuance there of the petitioner, the petitioner shall be give seven days time by the authority effecting arrest for approaching this Court before effecting his arrest. The application stands disposed of according." In the connected Crl. M. 549-M/1982 filed by Bhai Kishan Sher Singh and Smt. Shavinder Pal Kaur, D.S. Tewatia, J. passed the same order.
(2.) THE other aspect of the matter is that during the pendencey of the above said Cr. M. 479-M/1982, Brigadier Jasbir Singh, who had filed a complaint under Sections 409, 427, 109 and 120-B of the Indian Penal code in the Court of the Judicial Magistrate Ist Class, Dehra Doon, applied for being impleased as a party to the above said Criminal Miscellaneous applications, but his prayer was rejected on April 1, 1982. Feeling aggrieved he moved the Supreme Court. Their Lordships passed the following order on 15.19.1992 :- ORDER "If the person who are released on anticipatory bail do not cooperate in the investigation, the petitioner will be at liberty to apply for cancellation of the anticipatory bail to the High Court. SLPs are disposed of in terms of this order." Brigadier Jasbir Singh has now filed the present petition under section 482 of the Code of Criminal Procedure. One of the reasons behind this is stated to be that Jasmohinder Singh, Bhai Kishan Sher Singha and Smt. Shavinder Pal Kaur, taking advantage of the anticipatory bail granted to them did not appear in the Court of the Special Magistrate at Dehra Doon, notwithstanding the issuance of non-bailable warrants against them. Hence, one of the prayers made in this petition ins that nay appropriate direction or orders directing them to make themselves available in the Court of the Special Magistrate at Dehra Doon be passed.
(3.) SHRI Gian Singh, Advocate states that he has instruction not to oppose this prayer. It is according allowed.;