Judicial Magistrate, Basti was challenged by applicant in criminal revision before the Session Judge, Basti and Sessions Court has quashed the above stated order dated 01.03.2002 and matter was remanded to the trial Court. However, CJM, Basti has again passed erroneous order dated 22.07.2002 and made a direction to investigate the case. Against order dated 22.07.2002, an application under Section 482 Cr.P.C. was filed before this Court and arrest of applicant was stayed by the High Court till submission of police report under Section 173(2) Cr.P.C. Learned counsel further submitted that police have concluded the investigation and filed charge-sheet on 29.07.2002 against Saukat Ali (deceased) and another chargesheet dated 17.09.2002 was filed against applicant but no order was passed on cognizance. It was submitted that an application was filed by applicant to reject the charge-sheet filed against him and later one application was filed by respondent no.2, on which trial Court has passed order dated 05.09.2006 but it was set aside by the Revisional Court vide order dated 07.07.2019 and matter was remanded to the trial Court. Learned counsel further submitted that applicant has submitted an application dated 31.07.2010 for discharge but learned trial Court has not paid any heed upon that application rather learned trial Court passed impugned order dated 12.07.2019 issuing non-bailable warrants against the applicant. It was submitted that no proper reasons were shown for issuance of non-bailable warrants and that impugned order is illegal and arbitrary. It has been submitted by learned counsel that matter is purely of civil nature and prima facie no case is made out against the applicant, and thus, impugned proceedings and impugned order is liable to be quashed.
