POONAM SRIVASTAVA, J. - (1.)HEARD Sri Anoop Trivedi, learned counsel for the applicants, Sri Y.S. Bohra Advocate for the opposite party no. 2 and learned A.G.A, for the State.
(2.)THIS is transfer application for transferring the Sessions Trial No. 1144 of 2001, arising out of case Crime No. 493 of 1999, under Sections 147, 148, 149, 302 I.P.C., State Vs. Kali Charan and others to some other adjoining district.
The submission is that two persons namely Jagpal son of Desh Raj, and Satyapal son of Jagpal have lost their life. The case was committed to the court of Sessions. It appears that both the parties have a long standing enmity. Another first information report was lodged on 3.11.2000 by Chandra Pal against the applicant Kali Charan and Pappu alias Autar at Police Station Sikandrabad at case crime No. 666 of 2000 under Section 302 I.P.C. The brother of first informant Jagpal was murdered. Another first information report was lodged by Ravindri wife of Jai Singh against Suman, Bitto, Harendra, Ravindra, Chandra Pal and Narendra on the same day i.e. 3.11.2000, which was registered as cross case at case crime No. 666A of 2000, in which four persons namely Rajviri wife of applicant Kali Charan, Smt. Sundari wife of Pappu alias Autar and two children of Smt. Sundari namely Kartik aged about 2 years and Laxmi aged about 4 years were murdered. An application was moved by the complainant for change of investigation regarding case crime No. 666 of 2000 since the statements of the witnesses were not being recorded by the Investigating Officer. A transfer application was moved at the instance of the applicants, which was numbered as Transfer Application No. 359 of 2002-Kali Charan and another Vs. State of U.P. which was disposed of by this Court. The Court while disposing of the transfer application observed that there is great animosity between the two parties, consequently adequate protection may be given to the parties till the conclusion of the trial. When the trial was fixed on 20.5.2006, the applicant no. 2 while going to attend the case, the opposite party, no. 2 opened fire upon him causing injuries. A first information report was registered under Section 307 I. P.C. at case crime No. 143 of 2006. A copy of the first information report is annexed as Annexure-14 to the affidavit filed in support of the transfer application. The applicant no. 2 Autar alias Pappu was medical1y examined on 20.5.2006 in B.B.D.G. Hospital, Bulandshahar. A copy of the order sheet of the said date is annexed as Annexure-l 8 to the affidavit, to show that the applicants were not provided any security and they are not able to attend the court on the date fixed in the trial. As a consequence, non bailable warrant has been issued against them and the trial is proceeding.

(3.)SRI Anoop Trivedi has filed Criminal Misc. Application against the order issuing non bailable warrant to keep the non bailable warrant in abeyance and not to compel their attendance in the court till the stage of Section 313 Cr.P.C. Annexure-2 to the Misc. Application is an order dated 18.7.2006 passed by this Court in the present transfer application permitting the accused not to appear personally before the trial court on the date fixed. Thereafter another order was passed on 11.8.2006. The Senior Superintendent Of Police, Bulandshahar was directed to file an affidavit in reply to the averments made in the affidavit filed in support of the transfer, application fixing 4.9.2006. It is averred in the affidavit filed in support of the Misc. Application dated 24.1.2007 that though the court below was apprised about the order of this Court despite the fact that the applicants were not required to be present in the court, order has been passed on 29.8.2006 on different time at short intervals. One order was passed prior to 12 Noon, subsequent order was passed at 12 O'clock then again at 2.30 and last order at 3 0' clock issuing notices to the sureties and also initiating proceedings under Section 446 Cr.P.C.