Boby v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 33251 of 2023 Applicant :- Boby Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Sharma,Pankaj Sharma Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet dated 29.06.2016, cognizance order dated 21.01.2017 and proceedings of case no. 53 of 2017 (State vs. Boby & another) arising out of case crime no. 114 of 2016, under Sections 147, 332, 353 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Hasayan, District Hathras pending in the court of Civil Judge (Junior Division)/F.T.C.-5, Hathras. It is submitted by the learned counsel for the applicant that due to lack of knowledge, applicant could not appear before the Court below. He further submits that the applicant is innocent and has been falsely implicated in this case. On the other hand, learned Additional Government Advocate contended that in this case, charge sheet has been submitted on 29.06.2016, cognizance has been taken on 21.01.2017 and since then, applicant is absconding. Admittedly, order sheet of the lower Court indicates that applicant is playing hide and seek with the Court since 2017 i.e. for the last about six years and wants this Court to come to his rescue by exercising its inherent jurisdiction. Having considered the submissions of learned counsel for the parties and looking into the conduct of the applicant in the lower court, I find no good ground to invoke inherent power under Section 482 Cr.P.C. by this Court. In view of the above, the relief claimed by the applicant is refused. The application lacks merit and is accordingly dismissed. Order Date :- 16.10.2023 Saurabh High Court of Judicature at Allahabad