The applicant, accused in a criminal case under sections 376, 504, and 506 IPC, failed to appear in court despite multiple adjournments. The High Court declined to exercise inherent powers under Section 482 Cr.P.C. to quash the proceedings because the order framing charges remained unchallenged.
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Neutral Citation No. - 2024:AHC:188654
Court No. - 81
Case :- APPLICATION U/S 482 No. - 27971 of 2024
Applicant :- Avinash Chaudhary Alias Avi Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mansoor Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Manoj Bajaj,J.
Ever since filing of the application, the case has been adjourned either on the request by the counsel for the applicant or for his absence. Today again when the case is called, no one had appeared on behalf of applicant-accused.
The applicant is accused in Sessions Trial No.2345 of 2023 arising out of Case Crime No.292 of 2023, under sections 376, 504, 506 I.P.C. wherein charge-sheet under Section 173(2) Cr.P.C. against him was filed on 22.7.2023. The applicant-accused has challenged the said charge sheet along with the cognizance order dated 6.9.2023 passed by Additional District Judge/ F.T.C. Ist, Gorakhpur.
A reading of the paper-book shows that on 15.3.2024, the charges against the applicant were framed by the Additional Sessions Judge, Fast Track Court (Crime Against Women), Gorakhpur and the case was fixed for 15.4.2024 for recording prosecution evidence. The said order has not been challenged which is otherwise revisable, therefore, this Court does not find it to be a fit case for exercising inherent powers under section 482 Cr.P.C.
Resultantly, without meaning any expression of opinion on the merits of the case, the application is dismissed.
Order Date :- 2.12.2024 Shiv
Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the high court should exercise inherent powers under Section 482 Cr.P.C. to quash proceedings where the accused failed to appear and the charge-frame order remains unchallenged.
3 provisions across 2 enactments
Avinash Chaudhary Alias Avi Kumar
State of U.P.
Another
Manoj Bajaj
As recorded by the court registry
3 orders share this CNR
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