Dismissed

Sakim and 3 Others v. State of U.P. and Another

Allahabad HC15 Jul 2022A482/8666/2022

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Case :- APPLICATION U/S 482 No. - 8666 of…

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Sakim and 3 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 8666 of 2022

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Applicant :- Sakim And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rishu Srivastav Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Alok Mishra, Advocate holding brief of Mr. Rishu Srivastav, the learned counsel for applicants and the learned A.G.A. for State.

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Perused the record.

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This application under Section 482 Cr.P.C. has been filed by applicants challenging charge-sheet no. 188 of 2015 dated 16.08.2015 submitted in Case Crime No. 956 of 2015 under Sections 147, 148, 308, 323 I.P.C. P.S. Turk Patti, DistrictKushinagar, Cognizance Taking Order/ Summoning Order 10.09.2018 passed by Judicial Magistrate, Kasiya, DistrictKushinagar in consequential Criminal Case No. 1539 of 2018 (State Vs. Sakim and others) under Sections 147, 148, 308, 323 I.P.C. P.S. Turk Patti, District-Kushinagar as well as entire proceedings of aforementioned criminal case now pending in the court of Judicial Magistrate, Kasiya, District-Kushinagar.

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At the very outset, learned A.G.A. has raised a preliminary objection regarding maintainability of present application. He contends that that present application has been filed by applicants on 28.03.2022 i.e. after an expiry of a period of more than three years and six months from the date of Cognizance Taking Order/ Summoning Order dated 10.09.2018. Therefore, prima facie, present application is hopelessly barred by laches. However, laches in filing the present application have not been

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explained by applicants. As laches in filing present application have not been explained, therefore, applicants do not deserve any indulgence by this Court.

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It is then contended by learned A.G.A. that applicants have not yet appeared before court below. Consequently, proceedings of aforementioned criminal case have remained held up for three years and six months on account of non-cooperation of applicants. As such, present application is liable to be dismissed.

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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 :- 15.7.2022 YK

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Digitally signed by YASHWANT KUMAR Date: 2022.07.15 17:29:27 IST Reason: Location: High Court of Judicature at Allahabad

Sakim and 3 Others v. State of U.P. and Another

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Sakim and 3 Others v. State of U.P. and Another

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