This court dismissed an application under Section 482 Cr.P.C. seeking stay of a non-bailable warrant. The applicant had failed to surrender after being granted 45 days. The court held that since the charge sheet was not quashed and a criminal prosecution is ongoing, the applicant cannot keep coming forward with new pleas.
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Court No. - 13
Case :- APPLICATION U/S 482 No. - 14445 of 2018
Applicant :- Jai Kumar Sharma And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Anand Prakash Paul,Dheerendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
By means of this application under Section 482 Cr.P.C., applicants seek a direction to C.J.M. Hathras to pass appropirate order on the report dated 15.11.2017, filed by Crime Branch in Case Crime No. 728 of 2016 under Sections 323, 504, 506, 452, 307 I.P.C. P.S. Hathras Kotwali, District Hathras and till the time effect and operation of the order dated 15.1.2018 whereby Non Bailable Warrant has been issued may be kept in abeyance.
From perusal of the records, it transpires that the applicants has failed to surrender before the court below in spite of time of 45 days having been granted to appear before the court below in pursuance of the summoning order and under these circumstances, non-bailable warrants have been issued on 15..1.2018.
Admittedly, vide order dated 11.4.2017, passed in Criminal Misc. Application No. 10700 of 2017, the court had refused to quash the charge-sheet and the proceedings in pursuance thereof and directed the applicant that in the event if he appeared and surrendered within 45 days and applies for bail, the same shall be considered in accordance with law settled.
Under the circumstances, the criminal proceedings are going on. Once, the applicants faced with a criminal prosecution pursuant to the charge-sheet against which the application under Section 482 Cr.P.C. has already been rejected, it is not open for the applicant to come time and again before this Court and take the plea for certain considerations having remained escaped notice of this Court and so, the non-bailable warrant issued against him should be stayed. Consideration of report or applications during the course of trial is within the domain of the court concerned. The law will take its own course and it is not open to the applicants to urge as to under what circumstances a particular discretion should be exercised.
Considering the submissions of learned counsel for the parties, I am of the opinion that the impugned order does not suffer from
any illegality or infirmity nor it can be said to be an abuse of the process of Court. Hence, no interference is called for by this Court in the present application moved under Section 482 Cr.P.C.
The present 482 Cr.P.C. application lacks merit. It is, accordingly, dismissed.
Order Date :- 8.5.2018 LN Tripathi
2 issues framed by the court
Whether this Court should interfere with the non-bailable warrant issued against the applicant for failure to surrender.
Whether the applicant can approach this Court again after his application under Section 482 Cr.P.C. was rejected previously.
1 provisions across 1 enactments
Jai Kumar Sharma
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
