SHIV GOPAL JAISWAL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Shachindra Kumar Mishra, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned AGA for the State.

(2.) The present application under Sec. 482 Cr.P.C. has been filed to quash the impugned summoning order dtd. 4/6/2022 issued by the Court of Judicial Magistrate/FTC, District Basti in Case No. 11656 of 2022 arising out of Case Crime No. 0092 of 2022, under Sec. 174-A IPC, Police Station Walterganj, District Basti as well as entire proceeding pending in the court of Judicial Magistrate/FTC, District Basti and also quash the charge sheet dtd. 28/4/2022.

(3.) Brief facts of the case are that earlier an FIR was lodged against the applicant which was registered as Case Crime No. 151 of 2021, under Sec. 420, 406 IPC in which investigation is going on. As the applicant was absconding, therefore, non-bailable warrant has been issued against him on 28/3/2022 and proceeding u/s 82 Cr.P.C. was initiated. The notice about the aforesaid proceedings was affixed at the house of the applicant as well as published in duly circulated newspaper namely Dainik Jagran. Despite of the aforesaid, the applicant did not appear before the concerned court, therefore, seeing that the applicant is avoiding the order of the Court, he was declared, absconder and as per orders of the concerned Magistrate, the present FIR was lodged by concerned Sub Inspector. After investigation charge sheet was submitted and cognizance has been taken against the applicant. Hence, the present petition has been filed, challenging the impugned order dtd. 4/6/2022.