This was an application under Section 482 Cr.P.C. challenging a summoning order. The court dismissed the application on the grounds of laches due to the delay of approximately three years without sufficient explanation.
The application under Section 482 Cr.P.C. was dismissed on the grounds of laches.
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Court No. - 80
Case :- APPLICATION U/S 482 No. - 14574 of 2022
Applicant :- Gaurav Jaiswal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jitdendra Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Jitendra Kumar Shukla, the learned counsel for applicant and the learned A.G.A. for State.
Perused the record.
This application under section 482 Cr.P.C. has been filed challenging the summoning order dated 22.7.2019, passed by Additional Chief Metropolitan Magistrate in Complaint Case No. 1472 of 2018 (Shiraj Trading Company Vs. Gaurav Jaiswal and Others), under section 406 IPC, Police Station Anwarganj, District Kanpur Nagar.
At the very outset, learned A.G.A. has raised a preliminary objection regarding maintainability of present application. He, submits that present application has been filed approximately after three years from the date of passing of summoning order dated 4.7.2019 passed by Court below. As such, present application is hopelessly barred by laches. However, the laches in filing present application have not been explained. As laches in filing the present application have not been explained, same is liable to be dismissed on the ground of laches.
When confronted with above, learned counsel for applicant could not overcome the same.
In view of above, the application fails and is liable to be dismissed on the ground of laches.
It is accordingly dismissed on the ground of laches.
Order Date :- 19.7.2022 Arshad
Digitally signed by ARSHAD MAHMOOD Date: 2022.07.20 12:39:25 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a habeas corpus application filed after three years of the impugned order is barred by laches and non-maintainable.
1 provisions across 1 enactments
Gaurav Jaiswal
State Of U.P.
Rajeev Misra
Arshad Mahmood
As recorded by the court registry
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