Court No. - 17
Case :- APPLICATION U/S 482 No. - 10111 of 2018 Applicant :- Anil Kumar @ Pappu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Shankar Kaithal,Rajesh Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the N.B.W. dated 22.09.2006 issued by the Chief Judicial Magistrate Auraiya in Case No.2365 of 2005 (State vs. Anil) arising out of Case Crime No.236 of 2000 under sections 279, 304A, 427 IPC P.S. Dibiyapur, District Auraiya, pending in the court of Chief Judicial Magistrate, Auraiya.
It is contended by the learned counsel for the applicant that the accused after having been bailed out at the initial stage was never informed by the court as to when the case was listed for hearing and he could come to know about the same by the witnesses. The contention of the learned counsel for the applicant has no force because the accused is absconding since 2006. Charge-sheet was filed against him in the year 2006, since then he has not appeared for about 12 years. Hence, no case is made out for quashing the N.B.W.
The application under section 482 Cr.P.C. is accordingly rejected.
Order Date :- 29.3.2018 AU