Dismissed¶12

Paras Nath Mishra and 3 Others v. State of U.P. and Another

Allahabad HC2 Feb 2023A482/39291/2022

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. — challenge to charge sheet, cognizance order and non-bailable warrant — dismissal on ground of laches — delay of more than 21 years in approaching the High Court unexplained — applicants 1 and 2 absconding, NBW dated 20.9.2022 not complied with — Case Crime No. 102 of 2001, sections 352/504/506 IPC, Police Station Chaubepur, District Varanasi — Paras Nath Mishra And 3 Others v. State of U.P. and Another — APPLICATION U/S 482 No. 39291 of 2022, decided 2.2.2023.

What did the court decide?

When confronted with the preliminary objections raised by the learned A.G.A. (laches and the applicants' absence), the learned counsel for applicants could not overcome the same. ¶10

Paras Nath Mishra and 3 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 39291 of 2022

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Applicant :- Paras Nath Mishra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Yaseen Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. S.M. Ayaz Ali, Advocate, holding brief of Mr. Mohammad Yaseen, the learned counsel for applicant and the learned A.G.A. for State.

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This application under section 482 Cr.P.C. has been filed challenging charge sheet dated 9.5.2021 submitted in Case Crime No. 102 of 2001, under sections 352, 504, 506 IPC Police Station- Chaubepur, District Varansi, Cognizance taking Order dated 11.10.2021, passed by Additional Chief Judicial Magistrate, Court No.2 Varanasi upon aforesaid charge sheet, and Order dated 20.9.2022, passed by Judicial Magistrate, Varanasi in aforementioned case, whereby non bailable warrant has been issued against applicants-1 and 2 as well as entire proceedings of aforementioned criminal case, now pending in the Court of Judicial Magistrate, Court No.3 Varanasi.

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At the very outset, learned A.G.A. has raised a preliminary objection by submitting that present application has been preferred after expiry of period of more than 21 years from the date of cognizance taking order dated 11.10.2001. As such, present application is hopelessly bared by laches. Moreover the laches in filing the present application have not been explained. Since the laches in filing present application have not been explained, applicants do not deserve any indulgence by this Court.

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It is next contended by learned A.G.A. that applicants 1 and 2 are absconding from above mentioned case and consequently, non bailable warrant was issued against them vide order dated 20.9.2022. However inspite of the fact that a period of more than four months has rolled by from the date of order dated 20.9.2022, applicants-1 and 2 have not yet appeared before Court below. Resultantly, proceedings of above mentioned case have remained held up on account of non co-operation of applicants. As such, applicants do not deserve any sympathy of this Court.

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When confronted with above, the learned counsel for applicants

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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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It is accordingly dismissed. Order Date :- 2.2.2023 Arshad

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Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad

Paras Nath Mishra and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Paras Nath Mishra and 3 Others v. State of U.P. and Another

Case brief

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