Dismissed

Basant Sharma and Another v. State of U.P. and Another

Allahabad HC6 Jul 2022A482/187/2021

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. challenging a summoning order was dismissed by the High Court. The rejection was based solely on the ground of laches, as the application was filed after a delay of over four years without sufficient explanation for the inaction.

What did the court decide?

The application for quashing proceedings under Section 482 Cr.P.C. was dismissed on the ground of laches.

Basant Sharma and Another Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2022)

¶1

Court No. - 80

¶2

Case :- APPLICATION U/S 482 No. - 187 of 2021

¶3

Applicant :- Basant Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajeev Misra,J.

¶5

Heard Mr. Kapil Kumar, Advocate holding brief of Mr. Kuldeep Singh Chahar, the learned counsel for applicants and the learned A.G.A. for State.

¶6

This application under section 482 Cr. P. C. has been filed challenging Summoning Order dated 13.09.2017 passed by Additional Chief Judicial Magistrate, Court no. 12, Agra in Complaint Case No. 422 of 2017 (State Bank of India Vs. Basant Sharma and others) under Section 138 N. I. Act, Police Station-Rakabganj, District-Agra as well as entire proceedings of aforementioned criminal case now pending in the Court of Additional Chief Judicial Magistrate, Agra.

¶7

At the very outset, the learned A.G.A. representing State raised a preliminary objection regarding maintainability of present application. He submits that challenge in this application is to the summoning order dated 13.09.2017. Instant application under Section 482 Cr.P.C. has been filed after an expiry of a period of more than four years and six months from the date of Summoning Order dated 13.09.2017. As such, present application is hopelessly barred by laches. However, laches in filing the present application have not been explained by applicants. Since the latches in filing present application have not been explained, therefore, no indulgence be granted by this court in favour of applicants. On the aforesaid premise, he contends that present application is liable

¶8

to be dismissed on the ground of laches.

¶9

When confronted with above, learned counsel for applicant could not overcome the same.

¶10

In view of above, present application fails and is liable to be dismissed on the ground of laches.

¶11

Accordingly, present application is dismissed on the ground of laches.

¶12

Order Date :- 6.7.2022 YK

¶13

Digitally signed by YASHWANT KUMAR Date: 2022.07.07 18:15:01 IST Reason: Location: High Court of Judicature at Allahabad

Basant Sharma and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Basant Sharma and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Damodar Pandey and 4 Others Vs State of U.P. and Another

Rafiq Ali and 7 Others Vs State of U.P.and Another

Smt. Khurshid Laqa and 2 Others Vs State of U.P.and Another

Haripal and 2 Others Vs State of U.P. and Another

Anand Yadav and Another Vs State of U.P. and Another

Smt. Phool Kumari Singh and Another Vs State of U.P. and Another