State v. Alkar and Others), arising out of Case Crime No
Case Details
Neutral Citation No. - 2025:AHC:27383 Court No. - 52 Case :- APPLICATION U/S 482 No. - 40840 of 2024 Applicant :- Alkar Singh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar,Ulajhan Singh Bind Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Legal Reasoning
Heard learned counsel for applicants as well as learned A.G.A. for State and perused the record. The present 482 Cr.P.C. application has been filed to quash the Charge Sheet No. 90 of 2021 dated 01.05.2021 along with Cognizance order dated 15.09.2021 and non-bailable warrant dated 27.07.2022 as well as the entire proceeding of Case No.17259 of 2021 (State vs. Alkar and Others), arising out of Case Crime No.0397 of 2020, under Sections 498-A, 323, 504, 506 I.P.C., Police Station- Rasulpur, District- Firozabad. At the very outset, learned A.G.A. points out that the charge sheet has been submitted on 01.05.2021 wherein the applicants have been summoned by order dated 15.09.2021. There is nothing on record to show that the applicants are not fleeing from justice and are avoiding facing trial. The applicants have failed to substantiate before this Court that as to why 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 the applicants are fleeing from the process of law without any reasonable cause. Learned counsel for the applicants submits that FIR has been lodged with false and frivolous allegations. Due to personal difficulty the applicants could not appear before the Court concerned. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. "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." 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. 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. 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. On a pointed query being made by this Court with respect to the inordinate delay in challenging the impugned Cognizance order dated 15.09.2021 (after more than 3 years) by means of the present application U/s 482 Cr.P.C., learned counsel for the applicant could not give satisfactory reply for the same. Though he raised several arguments before the Court challenging the proceedings in view of the aforesaid case, but he could not show any good ground for entertaining this application after such a belated stage. In the case of Northern Indian Glass Industries Vs. Jaswant Singh & ors., reported in AIR 2003 SC 234, the Apex Court has held that the High Court cannot ignore the delay and laches in approaching the Court and there must be satisfactory explanation by the petitioner/applicant as how he could not come to the Court well in time. Further in the the case of Printers (Mysore) Ltd. Vs. M.A. Rasheed & Anr. reported in (2004) 4 SCC 460, the Apex Court has held that the High Court should have dismissed the writ petition on the ground of delay and laches. When confronted with the above, learned counsel for the applicants submits that an application for merging the earlier case was moved before the court concerned and the same has been rejected by order dated 16.05.2024. On the aforesaid, learned A.G.A. for the State submits that the aforesaid fact cannot be an explanation for delay caused in challenging the charge sheet which is of the year 2021 as well as the entire proceedings. In view of the aforesaid, this Court finds no good ground to entertain the present application as there is no whisper about delay in filling the same, therefore, the present application is dismissed. Order Date :- 27.2.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad