Court No. - 72
Case :- APPLICATION U/S 482 No. - 3215 of 2019 Applicant :- Amjad And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Shankar Pd Gupta,Girijesh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties.
By means of this application under Section 482 Cr.P.C., the applicants have prayed for quashing of the charge sheet dated 06.06.2009 and also the non-bailable warrant dated 24.12.2018 in Criminal Case No. 4694 of 2011, State v. Amzad and others, arising out of case crime no. 397 of 2009, under Section 324, 406 IPC, P.S. Muradnagar, District Ghaziabad.
In the aforesaid case, charge sheet has been filed way back on 06.06.2009.
No plausible explanation is forthcoming as to why the applicants have avoided compliance of the summons issued in the criminal proceedings. An accused in a criminal proceeding, if once instituted is a potential offender and is liable to honour the summons.
This Court cannot appreciate an unhealthy practice avoiding summons for years together and then call for exercise of inherent power under Section 482 Cr.P.C. at such a belated stage. Nothing has been pleaded as to what is the stage of proceedings.
It is always open to the applicants to appear before the court below and apply for bail, in case if bail application is filed, it is expected to the court below to decide the same in accordance with law.
This Court declines to interfere in the matter. Consigned to record.
Order Date :- 25.1.2019 IrfanUddin