Circuit court dismissed an application under s. 482 Cr.P.C. to quash criminal proceedings due to laches, noting a delay of over one year and five months in filing without sufficient explanation.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 6944 of 2023
Applicant :- Hcp Shailendra Pratap Shah Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Mishra,Piyush Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ashutosh Kumar Mishra, 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 charge sheet dated 15.2.2021, submitted in Case Crime No. 057 of 2018, under sections 409 IPC, Police Station- Barla, District- Aligarh, Cognizance Taking Order/Summoning Order dated 1.9.2021, passed by Chief Judicial Magistrate, Aligarh in Criminal Case No. 28731 of 2021 (State Vs. HCP Shaildendra Shah) under sections 409 IPC, Police Station- Barla, District- Aligarh.
At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that present application has been preferred after expiry of period of more than one year and five months from the date of summoning order i.e. 1.9.2021. As such, present application is hopelessly bared by laches. Moreover the laches in filing the present application have not been sufficiently explained. Since the laches in filing present application have not been sufficiently explained, applicant does not deserve any indulgence by this Court. Furthermore, on account of non cooperation of applicant, proceedings of above mentioned complaint case have remained held up for more than three years.
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 on the ground of laches.
It is accordingly dismissed.
Order Date :- 3.3.2023 Arshad
Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad
2 issues framed by the court
Whether to quash criminal proceedings under s. 482 Cr.P.C. in view of delayed filing of application due to laches.
Whether the applicant's delay in filing the application warrants dismissal without entertaining the merits.
1 provisions across 1 enactments
Hcp Shailendra Pratap Shah
State of U.P.
Another
HON'BLE RAJEEV MISRA,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
