The Supreme Court in Vipan Kumar Dhir v. State of Punjab

F.T.C.-Ist/ Junior Division, Ghaziabad arising out of Case Crime No. 384 of 2013, under Sections 498A, 323 IPC, 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Ghaziabad.

3. At the outset, learned A.G.A. submits that the chargesheet is of the year 2014 and the case is pending since then before the court concerned, wherein the applicants have been summoned on

18.09.2014. From the order-sheet, annexed as Annexure-4, it is clear evident that the applicants are not appearing before the court to face trial and avoiding appearance on the dates fixed before the court concerned.

4. On the aforesaid, learned counsel for the applicants is not in a position to reply properly as to why the applicants are not appearing before the court.

5. On the basis of instructions, learned AGA submits that the Investigating Officer could not find out whereabouts of husband of O.P. No. 2 and also the fact as to whether they are staying together or not.

6. Learned counsel for the applicants submits that applicants 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 due to personal difficulty the applicants could not appear before the Court below.

7. The record reflects 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.

8. "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.

9. 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.

10. 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.

11. 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.

12. In the present case, no reasonable explanation has been offered by the learned counsel for the applicants for non-appearance of the applicants before 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.

13. The record appended with the petition in itself demonstrates that the applicants are avoiding the proceedings.

14. 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 since 2014 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. Order Date :- 17.2.2025 DS

F.T.C.-Ist/ Junior Division, Ghaziabad arising out of Case Crime No. 384 of 2013, under Sections 498A, 323 IPC, 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Ghaziabad.

3. At the outset, learned A.G.A. submits that the chargesheet is of the year 2014 and the case is pending since then before the court concerned, wherein the applicants have been summoned on

18.09.2014. From the order-sheet, annexed as Annexure-4, it is clear evident that the applicants are not appearing before the court to face trial and avoiding appearance on the dates fixed before the court concerned.

4. On the aforesaid, learned counsel for the applicants is not in a position to reply properly as to why the applicants are not appearing before the court.

5. On the basis of instructions, learned AGA submits that the Investigating Officer could not find out whereabouts of husband of O.P. No. 2 and also the fact as to whether they are staying together or not.

6. Learned counsel for the applicants submits that applicants 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 due to personal difficulty the applicants could not appear before the Court below.

7. The record reflects 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.

8. "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.

9. 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.

10. 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.

11. 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.

12. In the present case, no reasonable explanation has been offered by the learned counsel for the applicants for non-appearance of the applicants before 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.

13. The record appended with the petition in itself demonstrates that the applicants are avoiding the proceedings.

14. 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 since 2014 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. Order Date :- 17.2.2025 DS