Court No. - 70
Case :- APPLICATION U/S 482 No. - 16206 of 2019 Applicant :- Ramchandra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shivam Singh,Satyendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet dated 24.04.2012 as well as non-bailable warrant dated 24.01.2013 passed by learned Chief Judicial Magistrate, Pilibhit against the applicant in Case No.2262 of 2012 (State vs. Ramchandra) arising out of Case Crime No.291 of 2012, under Section 3(2) Prevention of Damage to Public Property Act, 1984, Police Station Gajraula, district Pilibhit.
It is submitted by learned counsel for the applicant that the charge-sheet has been submitted on 24.04.2012 thereaftrer non- bailable warrant was issued on 24.01.2013. It is submitted that the applicant was busy in their livelihood and not aware about the proceeding persuant to charge-sheet dated 24.04.2012, therefore, he could not appear before the court below.
Per contra, learned AGA contended that non-bailable warrant have been issued in the year 2013 and since then applicant is absconding.
Admittedly, order sheets of the lower court show that applicant is playing hide and seek with the court since 2013 i.e. for the last about six years and want this Court to come to his rescue by exercising its inherent jurisdiction.
Having considered the submissions of the parties and looking into the conduct of the applicant in the lower court, I find no good ground to interfere with the order of lower court issuing non-bailable warrants dated 24.01.2013 against the applicant and charge-sheet dated 24.04.2012 and further proceedings pursuant thereto.
Accordingly, the relief as claimed by the applicant is refused.
However, it is provided that if the applicant appears before the court concerned within fifteen days from today and apply for bail, his prayer for bail shall be heard and disposed of as early as possible in view of the law laid down in Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437, Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 15 days from today no coercive action shall be taken against the applicant.
Trial court is also directed that in case the applicant surrender in terms of direction given by this Court, the trial court shall conclude the trial within four months in accordance with law, if there is no legal impediment.
With the aforesaid direction, the application is disposed of. Order Date :- 25.4.2019 SKD