Pritu Shukla@ Naveen Kumar Shukla v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 43834 of 2023 Applicant :- Pritu Shukla@ Naveen Kumar Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. This application u/s 482 Cr.P.C. has been filed by accused for quashing the order dated 25.06.2018 passed by Chief Judicial Magistrate, Bhadohi-Gyanpr in Case No.1949 of 2011, titled State vs. Pritu Shukla and others arising out of case crime no.414 of 2010, under Section 379 I.P.C., Police Station-Gopiganj, District Bhadohi, whereby on account of his absence, non-bailable warrants were issued against him to secure his presence. Learned counsel for the applicant submits that the applicant is an accused in case crime no.414 of 2010 who was implicated for stealing the buffalos and during the proceeding before the trial court, he was extended the concession of regular bail by the trial court. He submits that since the family circumstances of the applicant were not good, therefore, in order to redress the same, he had left for Delhi for job and on account of his absence, the trial court had passed the impugned order issuing non-bailable warrants against him. Learned counsel further states that the applicant is willing to join the proceedings before the trial court, therefore, he may be allowed to join the trial proceedings and the impugned order be set aside. Upon hearing the learned counsel and considering his submissions, as well as the background of this case, this Court finds that the applicant after having availed the concession of bail abandoned the trial proceedings abruptly without seeking any permission from the court. The facts and circumstances of the case reveal that the accused-applicant was throughout aware of the pendency of the case, but he never made any attempt to join the trial proceedings and even the delay of five years in challenging the impugned order has not been explained sufÏciently. Thus, no case is made out for exercise of powers under Section 482 Cr.P.C. This application is dismissed. Order Date :- 1.12.2023 Raj High Court of Judicature at Allahabad