Court No. - 44
Case :- APPLICATION U/S 482 No. - 27270 of 2018 Applicant :- Krishna Kumar Kaushal And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- A.K. Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. A. K. Mishra, 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 21.12.2012 passed by the Chief Judicial Magistrate, Mirzapur in Complain Case No. 1867 of 2018 ( Mahesh Soni Vs. Krishana Kumar Kaushal and others) under Sections 417, 418 I.P.C., Police Station-Katra Kotwali, District-Mirzapur as well as the entire proceedings of the above mentioned complaint case.
Learned A.G.A. has invited the attention of the Court to the order-sheet of the above mentioned complaint case. He submits that the summoning order was passed against the applicants 21.12.2012. However, when inspite of issuance of the summons, the applicants did not appear before the court below, the court below issued bailable warrants vide order dated 21.09.2017. When inspite of the aforesaid,, the applicants did not appear before the court below, the non-bailable warrants were issued against the applicants vide order dated 17.10.2017. Thus, the non-bailable warrants issued by the court below against the applicants have been operating for the last more than 9 months but inspite of the expiry of the aforesaid period, the applicants have chosen not to appear before the court below. This shows total disrespect to the process of the Court.
On the facts as noted herein above, no occasion arises before this Court to entertain this application. The present application fails and is accordingly dismissed.
Order Date :- 21.8.2018 YK