Court No. - 72
Case :- APPLICATION U/S 482 No. - 7589 of 2019 Applicant :- Girajesh Rai Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamlesh Kumar Tiwari 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 entire criminal proceedings in Criminal Case No.3438 of 2004 (State Vs. Ranjeet Rai & others), arising out of charge sheet No.102 of 1995 in Case Crime No.218 of 1991, under Sections 457, 380, 504, 506 I.P.C., Police Station Gola, District 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. 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 :- 26.2.2019
Anand Sri./-