Ashok Kumar vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Heard. By means of this petition, moved u/s 482 Cr.P.C., the petitioner has sought quashing of order dated 15.10.2010 and subsequent orders passed in Criminal Case no. 2699 of 2010, State Vs. Ashok Kumar, relating to offences punishable u/s 279, 338, 304A of I.P.C., at Police Station Bazpur, District-Udham Singh Nagar.

Perusal of the impugned order pending before the trial court shows that summons were issued against the present petitioner (accused) and same were served through another person. However, the petitioner did not appear before the trial court where after the court appears to have issued bailable warrants on several dates. Still no one turned up on behalf of the accused (petitioner). On this the trial court has issued non-bailable warrants and notices to the sureties.

In the above circumstances, this court is not inclined to interfere with the impugned order passed by the trial court. Therefore, the petition u/s 482 of Cr.P.C. is dismissed with the observation that if the petitioner Ashok Kumar appears/surrenders before the court concerned, the warrants issued shall stand recalled.