Court No. - 44
Case :- APPLICATION U/S 482 No. - 25104 of 2018 Applicant :- Sukhu Pandey Opposite Party :- State Of Up And Another Counsel for Applicant :- Shri Ram (Rawat),Archana Kumari,Indra Deo Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Smt. Archana Kumari, learned counsel for the applicant and the learned Additional Government Advocate for the State.
This application under Section 482 Code of Criminal Procedure has been filed challenging the Summoning Order dated 16th June, 2016 and Non-Bailable Warrant issued thereafter against the applicant by the Chief Judicial Magistrate, Varanasi in Case No. 2502 of 2012 (Durgawati vs. Sukkhu & Others), under Sections 323, 504 and 506 of the Indian Penal Code, Police Station Chowk, District Varanasi.
From the record, it appears that subsequent to the summoning order dated 16th June, 2016 the applicant did not appear before the court below and consequently, Non-Bailable Warrant was issued against the applicant vide order dated 25th October, 2016. The same has been operating against the applicant for a period of more than one year and nine 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 and circumstances, as noted herein above, no occasion arises before this Court to entertain the present application. The present application fails and is, accordingly, dismissed.
(Rajeev Misra, J.) Order Date :- 26.7.2018 Sushil/-