Court No. - 72
Case :- APPLICATION U/S 482 No. - 7382 of 2019 Applicant :- Om Prakash Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arshad Ullah 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 Case No.2153 of 2018 (State Vs. Om Prakash) arising out of Case Crime No.1180 of 2017, under Sections 420, 467, 468, 409, 477A & 431 I.P.C., Police Station Khatauli, District Muzaffar Nagar.
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 proceeding 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 :- 25.2.2019
Anand Sri./-