Lal Chand Yadv and 3 Others v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 31868 of 2023 Applicant :- Lal Chand Yadv And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Panchraj,Mahesh Dwivedi,Ramakar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants, 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 applicants to quash charge-sheet no. nil of 2016 dated 05.10.2016, summoning order dated

21.05.2018 and proceedings of Case No. 245 of 2023 arising out of case crime no. 15 of 2015, under Sections 323 and 504 I.P.C., Police Station Sureri, District Jaunpur pending in the court of Special Judicial Magistrate-Ist, Court No. 29, Jaunpur. It is submitted by the learned counsel for the applicants that due to lack of knowledge, applicants could not appear before the Court below. Impugned summoning order has been wrongly and illegally been issued by the concerned Court below against the applicants. On the other hand, learned Additional Government Advocate contended that this is a old case of the year 2015 in which charge sheet has been submitted on 05.10.2016 and the applicants are absconding since long. Admittedly, order sheets of the lower Court indicate that applicants are playing hide and seek with the Court since 2018 i.e. for the last about five years and want this Court to come to their rescue by exercising its inherent jurisdiction. Having considered the submissions of learned counsel for the parties and looking into the conduct of the applicants in the lower court, I find no good ground to interfere with the order of lower court whereby the applicants were summoned. In view of the above, the relief claimed by the applicant is refused. The application lacks merit and is accordingly, dismissed. Order Date :- 19.10.2023 Saurabh High Court of Judicature at Allahabad