Court No. - 72
Case :- APPLICATION U/S 482 No. - 6938 of 2019 Applicant :- Brijesh Pandey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
By means of the present application u/s 482 of the Code of Criminal Procedure, 1973, the applicant has prayed for quashing of the charge sheet dated 6th July, 2015 and cognizance order dated 2nd August, 2016 as well as the entire criminal proceedings of Case No. 39249 of 2016 (State v. Brijesh Pandey) arising out of Case Crime No.- 754 of 2014, under Sections 420, 406, 506 I.P.C., Police Station- Barra, District- Kanpur Nagar, pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar.
The explanation given for such a delayed application under Section 482 Cr.P.C. questioning the criminal proceedings, is not satisfactory. Mere institution of a criminal proceedings does not result in any automatic conviction. A person subjected to summons/ charged at the most is a potential offender and the law requires him to face the proceedings. This Court after such delay is not inclined to interfere in the matter and it is of the opinion that applicant is avoiding the compliance of summons for no reason to justify his such conduct. It is always open for the applicant to surrender before the court below and apply for bail, in case any such application is filed, the same shall be considered in accordance with law.
The application is, accordingly, consigned to records.
Order Date :- 22.2.2019 Atmesh