IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL APPLICATION NO.822 OF 2009 (U/S 482 Cr.P.C.) Amul Chand Chaturvedi and others ……… Applicants Versus State of Uttarakhand ……… Respondent Dated: November 03, 2009 Mr. Rajendra Singh, Advocate for the applicants Mr. M.A. Khan, Brief Holder for the State HON. DHARAM VEER, J. By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as the Cr.P.C.), the petitioners have challenged the issuance of non-bailable warrants by the Chief Judicial Magistrate, Champawat in Criminal Case No.15 of 2006; State Vs. Brijesh Kumar Mishra and others, relating to offences punishable under Sections 420, 467, 468, 471 of IPC, Police Station Pauri, District Pauri Garhwal. Perusal of the papers on record shows that the Crime No.66 of 1998 was registered against the petitioners at Pauri, but the trial was transferred from District Pauri Garhwal to District Champawat. Learned counsel for the petitioners submitted that he want to press the petition on behalf of the petitioner nos.1, 2, 5 and 6 only and for rest of the petitioners i.e. Petitioner No.3-Radhey Syam Mall, Petitioner No.4-Narshing Yadav, Petitioner No.7-Ramesh Singh, Petitioner No.8-Santosh Pandey, Petitioner No.9-Bhaskar Yadav and Petitioner No.10- Arun Rai, he does not want to press the petition as they were the party in Criminal Misc. Application No.456/2009 (u/s 482 Cr.P.C.). In that petition, these petitioners were allowed 2 to appear before the court concerned on 20th July, 2009 but they did not appear on the said date fixed. Learned counsel for the petitioners submitted that the petitioner nos.1, 2, 5 and 6 belong to District Gorakhpur and their transfer petition filed before the Apex Court was dismissed about which they had no information, as such, they could not appear before the Magistrate. Having heard learned counsel for the petitioners and after going through the papers on record, this petition u/s 482 Cr.P.C. regarding the petitioners, namely, Amul Chand Chaturvedi, Pradeep Kumar Dubey, Daya Shanker Yadav and Anil Singh is disposed of with the direction that the above-named petitioners are allowed to appear before the Chief Judicial Magistrate, Champawat on the next date fixed on 9.11.2009. The non-bailable warrants issued against them shall not be executed, till then. (Dharam Veer, J.) 03.11.2009 RG