Court No. - 53
Case :- APPLICATION U/S 482 No. - 25884 of 2018 Applicant :- Ram Narain Mishra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeev Kumar Ojha,Shashi Kant Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Rajeev Kumar Ojha, learned counsel for the applicant and the learned A.G.A. for the State.
This application u/s 482 Cr.P.C. has been filed seeking to quash the bailable warrants dated 22.06.2016 issued by the Chief Judicial Magistrate, Varanasi in Case no.13570 of 2015 (arising out of Case Crime no.81 of 2014), under Sections 419, 420, 467, 468, 471 IPC, Police Station Chaubeypur, District Varanasi.
The present applicant approached this Court in the first instance through an Application u/s 482 Cr.P.C. no.48604 of 2014 with a prayer to quash the charge sheet dated 18.09.2014 submitted in Case Crime no.81 of 2014, under Sections 419, 420, 467, 468, 471 IPC, Police Station Chaubeypur, District Varanasi as well as proceedings of Criminal Case no.479 of 2014, then pending before the Judicial Magistrate-III, Varanasi.
It is the same crime and the same proceedings, wherein bailable warrants have now been issued and are sought to be quashed. This Court vide order dated 26.11.2014 passed in Application u/s 482 no.48604 of 2014 refused to quash the charge sheet and disposed of the application with a direction that if the applicant appears and surrenders before the court below within four weeks from the date of the order made in that case, his bail application shall be considered and decided in accordance with law after hearing the Public Prosecutor in the crime under reference.
It appears that the applicant did not surrender pursuant to the order dated 26.11.2014 passed in Application u/s 482 no.48604 of 2014. He filed a second application for the same relief by suppressing the fact that he had earlier approached this Court being Application u/s 482 no.26878 of 2015. In the said application, like the first application, the prayer was to quash the charge sheet dated 18.09.2014 filed in Case Crime no.81 of 2014, under Sections 419, 420, 467, 468, 471 IPC, Police Station Chaubeypur, District Varanasi. On the said fact being pointed out to this Court hearing Application u/s 482 no.26878 of 2015, the said application was dismissed with exemplary cost of Rs.5000/- to be deposited by the deponent who had filed affidavit in support of the second Application no.26878 of 2015, who is also the applicant, to wit, Ram Narayan Mishra son of late Purshottam. It was further ordered that the cost be deposited within one month from the date of the order in the court of the Chief Judicial Magistrate concerned, which would be paid to the informant, failing which the same shall be recovered as arrears of land revenue. It appears that even after the said order the applicant has not surrendered. He has approached this Court now challenging bailable warrants dated 22.06.2016 issued by the Chief Judicial Magistrate, Varanasi, which surprisingly remain unexecuted till date. In the background of facts above stated in the considered opinion of this Court, no relief can be granted to the applicant as far from preventing an abuse of process of court, this Court by extending any indulgence in the matter would be lending its process to abuse by the applicant.
This application accordingly fails and is dismissed.
Let a copy of this order be communicated to the Chief Judicial Magistrate, Varanasi with a direction that appropriate steps may be taken forthwith to secure attendance of the applicant in the trial through issue of appropriate coercive processes.
Order Date :- 31.7.2018 Anoop/ Imroz