Court No. - 44
Case :- APPLICATION U/S 482 No. - 13617 of 2018 Applicant :- Harish Chandra Vishwakarma And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- K.K. Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. K. K. Tripathi, learned counsel for the applicants and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 17.05.2017 passed by the Additional Chief Judicial Magistrate-VIIth, Varanasi, in Complaint Case No.499 of 2017 (Chanda Vishwakarma Vs. Harichandra Vishwakarma and others) under Sections 498A, 323, 504, 506 I.P.C and 3/4 D. P. Act., Police Station-Sarnath, District-Varanasi as well as the entire proceedings of the above mentioned complaint case.
This application has been filed after an expiry of a period of ten months from the date of the passing of the summoning order dated 17.05.2017. Therefore, prima facie, the present application is barred by laches.
Learned counsel for the applicants invited the attention of the Court to the averments made in paragraphs 21, 22, 23 and 24 of the affidavit and on the basis thereof, he contends that there is no deliberate negligence or laches on the part of the applicants in filing the present criminal misc. application. He further submits that since the laches in filing the present application have already been explained, the same are liable to be ignored by this Court.
From the record, the Court finds that after the passing of the summoning order dated 17.05.2017, bailable warrants were issued against the applicants vide order dated 26.08.2017. When in spite of the issuance of the bailable warrants on 26.08.2017 against the applicants they did not appear before the court below, the court below passed the order dated 07.09.2017, whereby the non-bailable warrants have been issued against them. The Court is at a surprise, as to why in spite of the non- bailable warrants having been issued against the applicants on 07.09.2017, the same have not been served upon the present applicants. The Court further finds that the opposite party no.2 left the house of the present applicants on 29.05.2016 alongwith her two minor children. At the time of leaving her marital home, the address of the present applicants was 9 L 14 Dabauli 1st, P. S.-Govind Nagar, District-Kanpur Nagar. In the affidavit, it has been stated that the applicants are now residing at 9 L 14 Dabauli-Ist, PS-Govind Nagar, District- Kanpur Nagar. The date on which the address was changed has not been categorically mentioned in the affidavit filed in support of the application.
Sri D. N. Mishra, Advocate has put in appearance on behalf of the opposite party no. 2 and has filed his valakatnama in Court today which is taken on record. He submits that in the proceedings under Section 12 of the Protection of Women From Domestic Violence Act, 2005 initiated by the opposite party no.2, the present applicants as well as Subhash Chandra Vishwarkama, the younger brother of the applicant no.1 have duly appeared. He has also produced a photocopy of the order dated 23.01.2017 passed by the Additional Chief Judicial Magistrate, Court no.2, Varanasi in the aforesaid case.
From the perusal of the cause title of the aforesaid case also it is evident that the address of the opposite parties therein, i.e., applicants herein is mentioned as 9 L 14 Davauli, Kanpur Nagar.
Thus in view of the aforesaid, it is explicitly clear that the present applicants are deliberately avoiding the process of the Court.. As such, no case for interference is made out.
The present application under Section 482 Cr.P.C. is accordingly dismissed.
Order Date :- 24.4.2018 YK