Case brief
What is this about?
Allahabad High Court (Hon'ble Sanjay Kumar Singh, J.) dismissed Application U/S 482 No. 38153 of 2023 filed by Gulab Singh @ Vivekanand and Umashankar Giri seeking quashing of non-bailable warrants dated 05.09.2008 and 07.05.2013 and of the proceedings in Case No. 1438 of 2004, CNR No. UPCD040000842004 (Saraswati Devi Vs. Gulab Singh and another) under Sections 406, 504, 506 I.P.C. and Section 3(1)(10) of S.C./S.T. Act, Police Station Chandauli, District Chandauli, pending before the Civil Judge (Junior Division), F.T.C.-I/J.M., Chandauli, despite a settlement deed dated 21.09.2023 between the parties. The applicants, summoned on 07.06.2004 in a complaint dated 07.04.2004 filed by opposite party no.2 (now deceased), had not appeared for about 19 years and 3 months; the Court held they were playing hide and seek with the Court and found no good ground to interfere with the issuance of non-bailable warrants, refusing relief. Order dated 8.11.2023. Keywords: Section 482 Cr.P.C., inherent jurisdiction, quashing, non-bailable warrant, settlement deed, non-appearance of accused, delay of 19 years, conduct of applicants, complaint under SC/ST Act, Chandauli.