Neutral Citation No. - 2025:AHC:18992 Court No. - 52 Case :- APPLICATION U/S 482 No. - 38271 of 2024 Applicant :- Mohsin And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Tiwari,Sonu Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard learned counsel for applicants as well as learned A.G.A. for the State and perused the record. 2. This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 04.11.2018 along with Summoning order dated 24.04.2019 and the entire criminal proceeding of Case No.2198 of 2019 (State of U.P. vs. Mohsin and Others), arising out of Case Crime No.379 of 2018, under Sections 498-A, 323 I.P.C. and Section 3/4 D.P. Act, Police Station- Aliganj, District- Etah as well as stay the further proceeding of the aforesaid case, pending in the Court of Civil Judge (Senior Division) F.T.C., Etah. 3. At the very outset, learned A.G.A. for the State submits that the charge sheet filed against the applicants is of the year 2021. He further submits that the applicants have been summoned on 24.04.2019 and they have not placed anything on record to show that they have appeared before the court concerned. 4. "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." 5. He further submits that statements of charge sheet witnesses have also not been annexed and the material collected by Investigating Officer during course of investigation on the basis of which, he has formed an opinion against the applicants, has neither been detailed in the affidavit accompanying of present application nor the copies of the same have been brought on record. Referring to the judgment of Supreme Court in Kaptan Singh Vs. State of U.P., (2021) 9 SCC 35, it is thus urged by the learned A.G.A. that in the absence of above, the challenge laid to the charge sheet cannot be examined by this Court. 6. 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. 7. The supreme court in Vipan Kumar Dhir v. State of Punjab, (2021) 15 SCC 518 has observed that while granting relief, 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. 8. 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 of 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 court. 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. 9. In the present case, the summons has been served on the applicants in the year 2019, 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. 10. When confronted with above, the learned counsel for the applicants could not overcome the same. 11. Having heard the learned counsel for applicants and learned A.G.A. for State and upon perusal of record, this Court finds that the objection raised by the learned A.G.A. in opposition to this application have borne out from the record and further the same could not be dislodged by the learned counsel for applicants, therefore, no good ground exists to entertain the present application. 12. In view of the aforesaid, the present application is dismissed. Order Date :- 10.2.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad