Court No. - 72
Case :- APPLICATION U/S 482 No. - 2272 of 2019 Applicant :- Shyam Narayan Bhalla Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pawan Shukla 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 applicant has prayed for quashing of the charge sheet dated 08.06.2002 filed under Section 420 IPC in Case No. 4073 of 2010 arising out of case crime no. 30 of 2002, P.S. Mutthiganj, District Allahabad.
In the aforesaid case, charge sheet has been filed way back on 08.06.2002.
The applicant has not even challenged the charge sheet or cognizance order. No plausible explanation is forthcoming as to why the applicant has 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 applicant 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 :- 21.1.2019 IrfanUddin