Single judge listed grounds for dismissal of an s. 482 Cr.P.C. application, primarily six-year delay. Rejected claim of unknowledge and dismissed application.
Application under s. 482 Cr.P.C. dismissed.
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Court No. - 44
Case :- APPLICATION U/S 482 No. - 15640 of 2022
Applicant :- Akram And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Only reason on which this application filed under Section 482 Cr.P.C. must fail is that the order of summons was passed by Additional Chief Judicial Magistrate-IX, Aligarh in Case No.1768 of 2016 (State of U.P. Vs. Akram and others), under Section 452, 323, 504, 506 IPC, Police Station Dehligate, District Aligarh way back on 23.6.2016, whereas this petition is filed after six years.
Counsel for the applicants states that the applicants had no knowledge of the proceedings. I am not inclined to accept such contention particularly as the ordersheet has been selectively enclosed only in respect of the proceedings of 2016 and thereafter 2022. There is no reason to selectively annex the ordersheet and excluded the entire ordersheet. The allegation that applicants had not received summons could be verified only from the entire ordersheet, which is not annexed.
Even otherwise there are specific allegations with regard to commissioning of cognizable offence and injury report is also on record. I am not inclined to enter into examination of the injuries caused to the informant, particularly when the delay has otherwise not been explained. Mere fact that parties are neighbours does not change the scenario.
This application, accordingly, is dismissed.
Order Date :- 27.6.2022 Anil
Digitally signed by ANIL KUMAR PATEL Date: 2022.06.28 09:52:45 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether this court should exercise its inherent powers under s. 482 Cr.P.C. to quash summons despite a six-year unexplained delay in filing the application.
Whether the applicants' claim of lack of knowledge regarding 2016 proceedings justifies condoning the delay.
Whether the mere fact that the parties are neighbours negates the relevance of the injury report in a criminal proceeding.
1 provisions across 1 enactments
Akram And 2 Others
State of U.P.
Ashwani Kumar Mishra
Anil Kumar Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
