Court No. - 44
Case :- APPLICATION U/S 482 No. - 23685 of 2018 Applicant :- Mohammad Ahmad Miyan Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Satish Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Satish Chandra Tiwari, 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 17.10.2017 passed by the Judicial Magistrate, Bisauli, District-Budaun in Complaint Case No. 2762 of 2013 (Nafees Miyan Saifi Vs. Mohammad Ahamad Miyan and others) under Sections 406, 420, 427, 504 and 506 I.P.C., Police Station-Wajeerganj, District-Budaun as well as the entire proceedings of the above mentioned complaint case.
At the very outset, learned A.G.A. has pointed out that the summoning order was passed on 17.10.2014 and not on 17.10.2017 as mentioned in the prayer clause of the present application. He further submits that when inspite of the summoning order dated 17.10.2014, the applicant did not appear before the court below, the non-bailable warrant was issued against the applicant vide order dated 10.03.2015. The factum regarding the issuance of the non-bailable warrant against the applicant by the court below vide order dated 10.03.2015 has been concealed in the present application as no averment to that effect has been made in the entire affidavit.
The non-bailable warrant issued against the applicant has been operating since 10.03.2015. Inspite of an expiry of a period of three years and four months from the date of the issuance of the non-bailable warrant vide order dated 10.03.2015, the applicant had chosen not to appear before the court below. This shows a total disrespect to the process of the Court.
In view of the above, no occasion arises before this Court to entertain this application. It is accordingly dismissed.
Order Date :- 26.7.2018 YK