The Court rejected an application under Section 482 Cr.P.C. seeking to quash criminal proceedings against an Air Force employee. The employee had previously faced court martial and was charged after fleeing from custody.
Application under Section 482 Cr.P.C. to quash proceedings stood rejected.
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Court No. - 67
Case :- APPLICATION U/S 482 No. - 7061 of 2019
Applicant :- Anurag Yadav (Air Force Employee) Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A.
By means of the present application, the prayer sought by the applicant is to quash the entire proceeding of case no.73753 of 2017, State Vs. Anurag Yadav, case crime no.300 of 2017 under Section 224 IPC, Police Station-Chakeri, District-Kanpur Nagar pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar arising out of charge sheet dated 03.10.2017.
The contention advanced by learned counsel for the applicant is that the applicant is an Aircraft Man in the Indian Air Force. The FIR was registered by one Ramesh Babu, Warrant Officer, Air Force Police mentioning therein that the applicant has been declared as 'Deserter' from the service and was arrested on 28.02.2017. He has faced the court martial in between 06.04.2017 to 08.04.2017 in which he has been awarded the punishment of dismissal from service and three months rigorous imprisonment. While, he was languishing in the Quarter Guard, on 15.04.2017, enroute to the medical, he fled away from the clutches of the air force officer, therefore, the present FIR was got registered by Ramesh Babu, Warrant Officer on 15.04.2017. The police, after holding investigation, has submitted the charge sheet. This is an extremely serious matter, that a man in dress is committing gross-indiscipline in the armed forces. This incident cannot be tolerated and deserves no sympathy from this Court. The next contention is that the applicant has been bailed out.
Under such circumstances, I am not inclined to interfere in the present application filed under Section 482 Cr.P.C.
The applicant, if so advised, may seek discharge at appropriate stage in the relevant sections of Criminal Procedure Code.
Accordingly, the present application under Section 482 Cr.P.C. stands rejected.
Order Date :- 25.3.2019 Sumit S
1 issue framed by the court
Whether Section 482 Cr.P.C. should be exercised to quash proceedings against an Air Force employee dismissed for desertion.
1 provisions across 1 enactments
Anurag Yadav
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
