Court No. - 44
Case :- APPLICATION U/S 482 No. - 28674 of 2018 Applicant :- Smt. Meena Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Manoj Kumar Pandey, learned counsel for the applicant 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 13.05.2014 passed by theJudicial Magistrate, Court No. 2, Agra, in Complaint Case No. 421 of 2013 (Smt. Ashish Sharma Vs. Dr. Ram Kumar Sharma alias Rohit and others), under sections 420, 452, 323, 504, 506, 120B IPC, P.S. M.M. Gate, District Agra, as well as the entire proceedings of the above mentioned complaint case.
Learned A.G.A. points out that the applicant was summoned, vide summoning order dated 13.05.2014. However, inspite of the aforesaid summoning order, the applicant has chosen not to appear before the Court below and consequently, the Court below issued non-bailable warrant against the applicant, vide order dated 27.4.2015. Thus, the non-bailable warrant has been operating against the applicant for the last more than 3 years. He further submits that process under section 82 Cr. P. C. has also been issued by the Court below to secure the presence of the applicant.
The Court finds that inspite of the fact that a period of more than 3 years have rolled by since the date of passing of the order dated 22.4.2015, whereby non-bailable warrant was issued against the applicant, he has chosen not to appear before the Court below and seek recall of the warrant so issued in terms of section 70 (2) Cr. P. C. This shows a total disrespect to the process of the Court.
In view of the fact as noted herein above, no occasion arises before this Court to entertain the present application.
The application fails and is, accordingly, dismissed.
Order Date :- 6.9.2018 HSM