Application under Section 482 Cr.P.C. dismissed due to laches as it was filed after a delay of more than 25 years without sufficient explanation for the inaction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 65
Case :- APPLICATION U/S 482 No. - 7278 of 2023
Applicant :- Rajendra Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anubhav Sinha,Amaresh Sinha Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Anubhav Sinha, learned counsel for applicant and learned A.G.A. for State.
Perused the record.
Challenge in this application under section 482 Cr. P. C. is to the order dated 21.3.1998 passed by Chief Judicial Magistrate, Ghaziabad in Case Crime No. 114 of 1992 (State Vs. Rajendra and others), under Sections 380, 411 IPC, P.S. Phase II, Noida, District Gautam Budh Nagar now pending in the Court of Additional Chief Judicial Magistrate IIIrd, District Gautam Budh Nagar.
At the very outset, learned A.G.A. has raised a preliminary objection by submitting that present application has been filed after expiry of a period of more than 25 years from the date of order i.e. 21.3.1998. As such, present application is hopelessly barred by laches. Moreover, laches in filing the present application have not been sufficiently explained. As the laches in filing the present application have not been sufficiently explained, applicant does not deserve for any indulgence by this Court. It is then contended by the learned A.G.A. that on account of non-cooperation of applicant, proceedings of aforementioned criminal case have remained held up for more than 25 years.
When confronted with above, the learned counsel for applicant could not overcome the same.
In view of above, the present application fails and is liable to be dismissed.
It is, accordingly, dismissed.
Order Date :- 13.3.2023 HSM
Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad
Rajendra Prasad
State of U.P.
Another
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
