Neutral Citation No. - 2025:AHC:90057 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 4346 of 2025 Applicant :- Chandrabhushan Pathak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Pathak Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Manoj Pathak, learned counsel for applicant as well as learned A.G.A. for State and perused the record. 2. The present 528 BNSS application has been filed to quash the N.B.W. dated 20.11.2004 and onwards issued by the Chief Judicial Magistrate, Allahabad as well as entire proceeding of Case No. 2336 of 2003 (State vs. Chandrabhushan), arising out of Case Crime No.32 of 1989 under Section 307 I.P.C., Police Station- Sarai Mamrej, District- Allahabad as well as stay the further proceeding of the aforesaid case, pending in the court of Chief Judicial Magistrate, Allahabad. 3. At the very outset, learned A.G.A. for the State submits that FIR was lodged in the year 1989 and the charge sheet has been submitted against applicant on 21.09.1990. He further submits that the applicant has been summoned in the year of 2004 and he has not placed anything on record to show that he has appeared before the court concerned. 4. It is to be seen that in the present case the applicant has been summoned in the year 2004. However, the applicant has not appeared before the court concerned in pursuance to the aforesaid summoning order. The applicant has failed to substantiate before this Court in view of the reasoning stated hereinabove that due to some personal difficulty, he could not appear before the Court concerned. The proceedings of the court concerned have been held up on account of non appearance of the applicant and as such the applicant is fleeing from the process of law without any reasonable cause. 5. "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. 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 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. 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 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. 9. In the present case, the summons has been served on the applicant in the year 2004, no reasonable explanation has been offered by the learned counsel for the applicant for non-appearance of the applicant before the court concerned in pursuance to summons/warrant issued by the court concerned. Learned counsel for the applicant has not shown any facts and circumstances to demonstrate that applicant was not fleeing from process of law or evading justice. In the facts and circumstances, the applicant is 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. It is to be seen that the applicant is avoiding the summons since the year 2004 and till date has not appeared before the court concerned. 11. In view of the facts, it is evident that the applicant has no respect for the summons of the court and has remained absent from the court proceedings for a period of more than 20 years which is indicative of the fact that the applicant is fleeing from the process of law. Therefore, prayer in respect of applicant is refused and the application u/s 482 Cr.P.C. is hereby dismissed. Order Date :- 26.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad