Single judge dismissed the applicant's quashing petition under section 482 Cr.P.C. on grounds of laches, noting a 12-year delay and failure to appear after a non-bailable warrant.
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Court No. - 49
Case :- APPLICATION U/S 482 No. - 18092 of 2023
Applicant :- Nadeem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sadaqat Ullah Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sadaqat Ullah Khan, the learned counsel for applicant and the learned A.G.A. for State.
This application under section 482 Cr.P.C. has been filed challenging the entire proceedings of Sessions Trial No. 18 of 2010 (Munna Babu and Others Vs. State of U.P.) under sections 419, 420, 467, 468, 471, 474, 409, 120B IPC and 13 (2) P.C. Act, Police Station- Kotwali Katra, District Mirzapur including the charge sheet dated 28.7.2010, Cognizance Taking Order dated 11.8.2010, notice dated 13.4.2023, under Section 82 Cr.P.C issued by Court concerned in aforementioned Special Sessions Trial.
At very outset, the learned A.G.A has raised a preliminary objection by submitting that present application is hopelessly barred by laches. Applicant has challenged the charge sheet dated 28.7.2010 as well as Cognizance Taking Order dated 11.8.2010 after expiry of a period of more than 12 years. However, the laches in filing the present application qua the aforesaid relief has not been explained. It is then contended that on account of non co-operation of applicant, Court below issued non bailable warrant against applicant vide order dated 23.12.2021. However, inspite of the fact that a period of one year and four months has rolled by, applicant has not yet appeared before Court below. On account of non co-operation of applicant, the proceedings of aforesaid Sessions Trial have remained held up for more than 12 years. Remedy of applicant is to seek recall of order dated 23.12.2021 by filing an application under section 70(2) Cr.P.C. As such, present application is liable to be dismissed on the ground of laches.
When confronted with above, the learned counsel for applicant could not overcome the same.
As a result, present application fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 16.5.2023
Arshad
Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad
1 provisions across 1 enactments
Nadeem
State of U.P.
Rajeev Misra
As recorded by the court registry
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