Court No. - 72
Case :- APPLICATION U/S 482 No. - 3219 of 2019 Applicant :- Prashant Rai And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashi Kant Rai Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties.
By means of this application under Section 482 Cr.P.C., the applicants have prayed for quashing of the non-bailable warrant dated 04.01.2019 in Case No. 632 of 2008, State v. Narendra Singh & Others, arising out of case crime no. 50 of 2007, under Sections 147, 153-A, 295, 336, 427, 435 IPC and 7 Criminal Law Amendment Act, P.S. Bansgaon, District Gorakhpur.
In the aforesaid case, charge sheet has been filed way back on 29.05.2007.
The applicants have not even challenged the charge sheet. No plausible explanation is forthcoming as to why the applicants have avoided compliance of the summons issued in the criminal proceedings. An accused in a criminal proceeding, if once instituted is a potential offender and is liable to honour the summons.
This Court cannot appreciate an unhealthy practice avoiding summons for years together and then call for exercise of discretionary power under Section 482 Cr.P.C. at such a belated stage. Nothing has been pleaded as to what is the stage of proceedings.
It is always open to the applicants to appear before the court below and apply for bail, in case if bail application is filed, it is expected to the court below to decide the same in accordance with law.
This Court declines to interfere in the matter. Consigned to record.
Order Date :- 25.1.2019 IrfanUddin