Dismissed

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

Allahabad HC6 Jul 2022A482/5142/2022

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 CrPC filed by an applicant challenging a charge sheet and subsequent proceedings. The court held the application hopelessly barred by laches as it was filed approximately five years after the cognizance order without explanation for the delay.

What did the court decide?

Application under Section 482 CrPC dismissed due to laches caused by unexplained five-year delay.

Smt. Phool Kumari Singh and Another Vs State of… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 5142 of 2022

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Applicant :- Smt. Phool Kumari Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Kumar Singh Counsel for Opposite Party :- G.A.,Manoj Kumar Singh

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Hon'ble Rajeev Misra,J.

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Heard Ms. Khusboo Kumari, Advocate holding brief of Mr. Dheeraj Kumar Singh, the learned counsel for applicants, the learned A.G.A. for State and Mr. Manoj Kumar Singh, the learned counsel representing opposite party-2.

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This application under section 482 Cr. P. C. has been filed challenging charge sheet dated 26.05.2017 submitted in Case Crime No.595 of 2015, under Sections 498A, 323, 504, 506 I.P.C. and Sections 3/4 D. P. Act, Police Station-Civil Lines, District-Allahabad, Cognizance Taking Order/Summoning Order dated 29.07.2017 passed by Chief Judicial Magistrate, Allahabad in consequential Case No. 20162 of 2016 (State Vs. Phool Kumari) under Sections 498A, 323, 504, 506 I.P.C. and Sections 3/4 D. P. Act, Police Station-Civil Lines, DistrictAllahabad as well as entire proceedings of aforementioned criminal case arising out of aforesaid case crime number and now pending in the Court of Additional Civil Judge (Junior Division-21), Allahabad.

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At the very outset, the learned A.G.A. and the learned counsel representing opposite party-2 have raised a preliminary objection regarding maintainability of present application under Section 482 Cr.P.C. They submits that present application has been filed after an expiry of a period of approximately five years from the date of Cognizance Taking Order/ Summoning Order dated 29.07.2017. As such, present application is

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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, they contend that present application is liable to be dismissed on the ground of laches.

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

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

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

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Order Date :- 6.7.2022 YK

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Digitally signed by YASHWANT KUMAR Date: 2022.07.07 18:16:35 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

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What the court decided

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