This Order dismisses an application under Section 482 CrPC filed five years after the impugned summons order. The Court found that the applicant failed to explain the delay, applying the principle of latches to bar the petition.
Application dismissed on the ground of latches due to unexplained delay of five years.
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Neutral Citation No. - 2024:AHC-LKO:84022
Court No. - 16
Case :- APPLICATION U/S 482 No. - 11425 of 2024
Applicant :- Ravi Prakash Yadav Opposite Party :- State Of U.P. Thru. Its Chief Secy. Lko. And Another Counsel for Applicant :- Onkar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. as well as perused the record.
Learned A.G.A. submits that the summoning order was issued on 26.10.2019 in complaint case No.560 of 2019 Pawan Kumar Singh versus Ravi Prakash by IIIrd Addl. Civil Judge (J.D.)/J.M., Faizabad. The applicant has approached this Court after delay of five years.
A perusal of the record shows that nowhere in the entire petition, latches has been explained. The applicant's counsel could not assign any reason as to why he did not approach this court earlier. The applicant is on bail.
The petition is dismissed on the ground of latches.
Order Date :- 16.12.2024 kkb/
Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the application should be entertained after a delay of five years without explanation.
Whether the principle of latches bars this application.
Whether the High Court can invoke its inherent powers under Section 482 CrPC at this stage.
1 provisions across 1 enactments
Ravi Prakash Yadav
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
