Court No. - 72
Case :- APPLICATION U/S 482 No. - 7241 of 2019 Applicant :- Pawan Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Sharma 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 non bailable warrant dated 21.04.2014 against the applicant in SST No. 375 of 2013 in case crime no. 207 of 2013,under Section 396,412,120B and 34 IPC, P.S. Achhnera, Agra passed by 19th ADJ/Special Judge DAA, Agra.
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 proceedings 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. 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. This Court after such delay is not inclined to interfere in the matter and the applicant cannot be permitted to avoid the compliance of summons for no reason to justify his such conduct.
The application is, accordingly, consigned to records.
Order Date :- 25.2.2019 Sanjeev