High Court
Case Details
Neutral Citation No. - 2024:AHC:185807 Court No. - 52 Case :- APPLICATION U/S 482 No. - 33224 of 2024
Legal Reasoning
Applicant :- Afzal Khan @ Mohd Afzal Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- K.K.Rao,Pradeep Kumar Srinette Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Sanjay Tiwari, learned counsel for applicants and Mr. Triloki Singh, learned A.G.A. for State. 2. The present 482 Cr.P.C. application has been filed to quash the non-bailable warrant dated 24.05.2024 as well as entire proceedings of Case Crime No. 0205 of 2022, under Sections 304- B, 498-A I.P.C. and 3/4 D.P. Act, Police Station Kotwali, District Bareilly. 3. Learned counsel for the applicants submits that applicant nos.1 and 2 are brothers-in-law (Jeth and Devar) and applicant no.3 is sister-in-law (Jethani) of the sister of opposite party no.2. They are innocent and have been falsely implicated in the present case. Allegations levelled against the applicants regarding dowry and harassment are false. He further submits that applicants are residing in Jammu and Kashmir since 2008 and are not involved in the alleged offence in any way. He next submits that charge sheet has been submitted on 30.04.2024 and learned Magistrate has taken cognizance on 24.05.2024 and summoned the applicants by fixing 10.06.2024. He further submits that due to personal difficulty the applicants could not appear before the Court below, therefore, non-bailable warrants and proceeding u/s 82 and 83 Cr.P.C. have been issued against them. Learned counsel for the applicants further submits that some time may be granted to the applicants to surrender/appear before the Court concerned. 4. Learned A.G.A. opposed the prayer by contending that F.I.R. is of the year 2022 registered under Sections 304-B, 498-A I.P.C. and 3/4 Dowry Prohibition Act. The applicants being family members of the husband of the sister of opposite party no.2 are well aware of the death of the victim. Due to non-appearance before the trial Court order to issue N.B.W. was passed on 24.05.2024. It cannot be said that said order has been passed illegally. 5. It is unbelievable that in the present case F.I.R. is of the year 2022 and co-accused persons have attended the court proceedings regularly but being the brothers-in-law and sister-in-law of the victim the applicants were not aware of the said proceedings initiated against them before the trial court. It appears from the record that the applicants have deliberately avoided the process of law, therefore, they cannot be entitled to any relief from this Court in exercise of extraordinary powers under Section 482 Cr.P.C. They have failed to substantiate before this Court in view of the reasoning stated hereinabove that due to personal difficulty they could not appear before the court concerned. The proceedings of the court concerned have been held up on account of non- appearance of the applicants and as such they are fleeing from the process of law without any reasonable cause. 6. "Fleeing from justice" refers to the act of accused in evading or avoiding arrest, prosecution, or punishment for a crime. An accused in aforesaid act tries to avoid facing criminal prosecution by often avoiding summons, warrants and other process issued by the court. An accused is legally bound to comply with the summons issued by the court of law except where the process is challenged before the higher forum by the accused. Any person who has been issued process by court of law cannot be permitted to evade the same thereby not permitting the court of law to proceed in the administration of justice. The said act of accused in avoiding the process of court of law without any justification effects the very cause of justice. An accused fleeing from justice without reasonable cause has the effect of stopping/slowing the criminal process of law which effects the cause of speedy justice to the victim or society at large. Non appearance of an accused before the court concerned when the summons has been served (without reasonable explanation for non-appearance) may be indicative of the fact that such accused do not have respect to the process of law. 7. It is important for rule of law to prevail that the criminal trial is completed without delay. Where an accused flees from the process of law and thereby avoids appearing before the court, the very concept of speedy trial is put at peril and justice to the victim is delayed. 8. The supreme court in Vipan Kumar Dhir v. State of Punjab, (2021) 15 SCC 518 has observed that while granting bail, the possibility of the accused to influence prosecution witnesses, fleeing from justice or creating other impediments in the fair investigation, ought not to be overlooked. 9. While considering the question of whether an accused is fleeing from justice, the conduct of the accused in respect of the process of law is required to be considered. In criminal prosecution when the court find material against the accused sufficient for prosecution, the court issues summons or warrants for appearance to the accused for participation in the trial. When the summons or warrants are served on the accused in accordance with law then duty is cast on the accused to appear before the court concerned except where there exists justification for non-appearance of the accused before the accused. An accused who is served with the process of court and fails to appear before the court concerned without any reasonable cause can be said to be fleeing from the process of law. 10. In the present case, the F.I.R. is of the year 2022, no reasonable explanation has been offered by the learned counsel for the applicants for non-appearance of the applicants before the court concerned in pursuance to summons/warrant issued by the court concerned. Learned counsel for the applicants has not shown any facts and circumstances to demonstrate that applicants were not fleeing from process of law or evading justice. In the facts and circumstances the applicants are fleeing from the process of law and evading justice, as such do not deserve any protection in exercise of the extraordinary jurisdiction of this court. 11. The record appended with the petition in itself demonstrates that the applicants are avoiding the proceedings and have not appeared before the court concerned since 2022, even the co- accused persons have appeared before the court and enlarged on bail vide orders dated 19.04.2023 and 08.05.2023. Copy of said orders have been brought on record as Annexure-36 to the petition. 12. In view of the facts, it is evident that the applicants have no respect for the proceedings of the court and have remained absent from the court proceedings for a period of about 2 years which is indicative of the fact that the applicants are fleeing from the process of law. Therefore, prayer in respect of applicants is refused and the application u/s 482 Cr.P.C. is hereby dismissed. 13. However, it is provided that if the applicants appear and surrender before the court below and apply for bail, then the bail applications of the applicants be considered and decided as expeditiously as possible in accordance with law. Order Date :- 27.11.2024 Abhishek Singh