The High Court dismissed an application under Section 482 Cr.P.C. filed after approximately 14 years. The court held the application was unfiled in time and barred by Section 362 Cr.P.C. due to the finality of the lower court's order accepting the final report.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 30276 of 2022
Applicant :- Smt. Pallavi Sonkusley Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- S.S. Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Supplementary affidavit filed by the learned counsel for applicant in Court today, is taken on record.
Heard Mr. S.S. Sharma, 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 order dated 30.01.2009 passed by Ist Additional Chief Judicial Magistrate, Mathura in Case No. 527/XI/2008, (Smt. Pallavi Sonkusley Vs. Vilash Sonkusley and others), under Sections 498-A/323/506 IPC, P.S. Refinery, District Mathura, whereby Court below has accepted the police report (final report).
At the very outset, the learned A.G.A. has raised a preliminary objection regarding maintainability of present application under Section 482 Cr. P. C . He submits that by virtue of the provisions contained in Section 362 Cr. P. C. Criminal Courts have no power of review or recall. As such, no useful propose shall be served by permitting the applicant to file protest petition against final report as order has been passed thereon. Apart from above, a period of approximately 14 years has rolled by from the date of order i.e. 30.01.2009. As such, present application is hopelessly barred by laches. It is thus urged by learned A.G.A. that no indulgence be granted by this Court in favour of applicant.
When confronted with above, the learned counsel for applicant could not overcome the same.
In view of above, present application fails and is liable to be dismissed.
It is, accordingly, dismissed.
Order Date :- 16.1.2023 HSM
Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether present application under Section 482 Cr.P.C. is maintainable in view of the lapse of time and provisions of Section 362 Cr.P.C.
2 provisions across 1 enactments
Smt. Pallavi Sonkusley
State Of U.P.
HARI SHANKER MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
