Court No. - 44
Case :- APPLICATION U/S 482 No. - 22877 of 2018 Applicant :- Ramesh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajan Srivastava,Arjun Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rajan Srivastava, learned counsel for the applicants and the learned A.G.A. for the State.
Supplementary affidavit on behalf of the applicants today in Court is taken on record.
This application under Section 482 Cr.P.C. has been filed challenging the entire proceedings of Complaint Case No. 6741 of 2018 (Om Prakash Vs. Ramesh Chandra & others) under Sections 452, 323, 504, 506 I.P.C., Police Station-Sarai Aqueel, District- Kaushambi as well as summoning order dated 27.04.2017 passed by the Judicial Magistrate, Kaushambi in the aforesaid complaint case.
Learned A.G.A. pointed out that subsequent to the summoning order dated 27.04.2017, non-bailable warrants were issued by the court below against the applicants vide order dated 10.04.2018. There is no averment in the affidavit explaining as to why the non-bailable warrants were issued by the court below against the applicants and the date of service of the same upon the applicants.
Apart from the above, there is no recital in the affidavit as to why the applicants could not appear before the court below in spite of summoning order dated 27.04.2017 as well as the non-bailable warrants issued by the court below. Admittedly, upon failure to comply the summoning order, non-bailable warrants are issued by the court below.
The court further finds that non-bailable warrants issued by the court below against the applicants have been operating since 10.04.2018, i.e., for a period of more than three months. In spite of non-bailable warrants having been issued against the applicants, the applicants have chosen not to appear before the court below. This shows total disrespect to the process of the court.
In view of the facts as noted above, no occasion arises before this Court to entertain the present applicant. It is accordingly dismissed.
Order Date :- 31.7.2018/YK