Court No. - 44
Case :- APPLICATION U/S 482 No. - 25091 of 2018 Applicant :- Bir Bhan Singh And 2 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Arun Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Arun Kumar Pandey, learned counsel for the applicants, and the learned Additional Government Advocate for the State.
Learned counsel for the applicants fairly submits that the applicant nos. 2 and 3 had filed criminal revision against the summoning order dated 12th April, 2016, which has been dismissed. Therefore, the present application at the behest of applicant nos. 2 and 3 is misconceived, in absence of any challenge to the revisional orders dated 25th March, 2017 and dated 17th April, 2018. He, therefore, submits that names of applicant nos. 2 and 3 be deleted from the cause title of the present application.
Prayer made is bona fide. Accordingly, the same is allowed.
Let the names of the applicant nos. 2 and 3 be deleted from the cause title of the present application during the course of the day.
This application under Section 482 Code of Criminal Procedure has been filed challenging the summoning order dated 12th April, 2016 passed by the Additional Chief Metropolitan Magistrate-II, Kanpur Nagar in Complaint Case No. 2227 of 2015 (Smt. Meera Devi vs. Birbhan Singh & Others), under Sections 386, 323, 504, 506, 325 and 307 of the Indian Penal Code, Police Station Kalyanpur, District Kanpur Nagar as well as the entire proceedings of the above mentioned complaint case.
From the record, it appears that subsequent to the summoning order dated 12th April, 2016 the applicant no.1 did not appear before the court below and consequently, Non-Bailable Warrant was issued against the applicant vide order dated 5th August, 2016. The Non-Bailable Warrant so issued by the court below has been operating against the applicant for a period of more than one year and eleven months. The applicant has chosen not to appear before the court below inspite of the expiry of the aforesaid period. This shows total disrespect to the process of the Court.
In view of the facts and circumstances, as noted herein above, no occasion arises before this Court to entertain the present application. The application fails and is, accordingly, dismissed.
(Rajeev Misra, J.) Order Date :- 26.7.2018 Sushil/-