Court No. - 72
Case :- APPLICATION U/S 482 No. - 2710 of 2019 Applicant :- Dharmendra Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
By means of this application under Section 482 of Code of Criminal Procedure, 1973, the applicant has prayed for quashing the charge sheet dated 30.09.2012 and also the entire criminal proceedings arising out of Case Crime No.- 767 of 2010, under Section 406,419,420,504 and 506 IPC, P.S. Khajani, District Gorakhpur pending in the court of ACJM/CJ (SD-3), Gorakhpur.
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. It is always open for the applicant to surrender before the court below and apply for bail. In case, any such application is moved, the court below shall consider the same in accordance with law. This Court after such delay is not inclined to interfere in the matter and the applicant cannot be permitted to avoid the compliance of summons for no reason to justify his such conduct.
The application is, accordingly, consigned to records.
Order Date :- 22.1.2019 Sanjeev