Court No. - 44
Case :- APPLICATION U/S 482 No. - 24190 of 2018 Applicant :- Shahe Alam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vivek Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Vivek Kumar Mishra, learned counsel for the applicant and the learned A.G.A. for the State.
Supplementary affidavit filed on behalf of the applicant today in Court which is taken on record.
This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 21.02.2017 passed by the Chief Judicial Magistrate, Rampur, in Complaint Case No. 8558 of 2016 (Masroof Vs. Shahe Alam and another) under Sections 420, 406 I.P.C., Police Station- Tanda, District-Rampur as well as the entire proceedings of the above mentioned complaint case.
From the perusal of the order-sheet of the aforesaid complaint case, which has been brought on record by means of a supplementary affidavit filed today, it is apparent that the court below summoned the applicant by means of the summoning order dated 21.02.2017. When inspite of the summoning order, the applicant did not appear before the court below, bailable warrant was issued against the applicant by the court below vide order dated 24.05.2017. There is no pleading on the record as to whether the bailable warrant issued against the applicant was served on the applicant or not. As the applicant did not appear before the court below, inspite of the aforesaid order dated 24.05.2017, the court below was left with no option but to issue non-bailable warrant against the applicant vide order 10.10.2017. The non-bailable warrant has been operating against the applicant for the last more than 10 months. The applicant has chosen not to appear before the court below inspite of the expiry of the aforesaid period. This shows total disrespect to the process of the court.
In view of the facts as noted herein above, this Court declines to interfere in the present applicant. The application fails and is accordingly dismissed.
Order Date :- 23.8.2018/YK