Keshav Dangi v. State of U.P. and Another

Court No. - 92 Case :- APPLICATION U/S 482 No. - 38413 of 2023 Applicant :- Keshav Dangi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ray Sahab Yadav Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.

¶1Heard Sri Ray Sahab Yadav, learned counsel for the applicant and Sri S.K. Rai, learned A.G.A. for the State.

¶2The instant application has been filed seeking quashing of the charge-sheet dated 27-12-2010 as well as summoning order dated 04-01-2012 and entire proceedings of Criminal Case No. 39 of 2012 (State Vs. Keshav Dangi),arising out of Case Crime No. 794 of 2010, under Sections 60/72 of Excise Act and Sections 272, 273 IPC, P.S. Chirgaon, district Jhansi, pending in the court of Additional Civil Judge (J.D.), 4th Jhansi.

¶3Learned counsel for the applicant submits that from the record it is apparent that the instant F.I.R. was lodged on 09-10-2010 against the applicant herein and the charge-sheet was filed on 04-01-2012 and the cognizance was taken by the learned Magistrate. Since then the trial is pending and more than 13 years have passed. The applicant is avoiding the process and non-bailable warrant and proceeding under Section 82 Cr.P.C. have already been initiated against the applicant. On the facts of the instant case, the instant application is not entertainable as the applicant is absconding since last 13 years and frustrating the criminal proceedings initiated against him.

¶4In view thereof, the instant application is devoid of merits and is accordingly dismissed. Order Date :- 9.11.2023 pks High Court of Judicature at Allahabad