Dismissed

Mohtasim v. State of U.P. and Another

Allahabad HC20 Sept 2024A482/14376/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed an amendment/supplemental application under Section 482 Cr.P.C. seeking quashment of a chargesheet and cognizance order. The Court held the application was barred by laches due to a delay of over six years, noting the affidavit failed to explain the delay.

What did the court decide?

The application to quash the chargesheet and stay proceedings is dismissed on the ground of laches.

Mohtasim vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:153569

¶2

Court No. - 77

¶3

Case :- APPLICATION U/S 482 No. - 14376 of 2024

¶4

Applicant :- Mohtasim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ghazanfar Abbas,Rajesh Mishra Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajeev Misra,J.

¶6

Heard Mr. Rajesh Mishra, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1

¶7

Perused the record.

¶8

Applicant-Mohtasim, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:

¶9

" It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the application and quash the Chargesheet No. 142/18 as well as cognizance order dated 15.03.2018, in Case No. 1779 of 2018 in Case Crime No. 895/15 under Section 147/ 148/ 149/ 323/ 325/ 504/ 506/ 327/ 307 I.P.C. Police Station Sadar Bazar, District Shahjahanpur, pending in the court CJM, Shahjahanpur, State Vs. Mohtsim and others.

¶10

It is further prayed that this Hon'ble Court may graciously be pleased to stay the entire proceeding of Case No. 1779 of 2018 in Case Crime No. 895/15 under Section 147/ 148/ 149/ 323/ 325/ 504/ 506/ 327/ 307 I.P.C. Police Station Sadar Bazar, District Shahjahanpur, pending in the court CJM, Shahjahanpur, State Vs. Mohtsim and others, otherwise applicant shall suffer irreparable loss and injury".

¶11

At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that present application has been filed after an expiry of a period of more than six years from the date of Cognizance Taking Order/Summoning order i.e. 15.03.2018. As such, present application is hopelessly barred by laches. It is then submitted by the learned A.G.A. that though the affidavit filed in support of present application runs into as many as 20 paragraphs but in none of the paragraph of the affidavit an attempt has been made to explain the delay/laches in filing the present application. It is thus urged by the learned A.G.A. that since the delay/laches in

¶12

filing present application have not been sufficiently explained by applicant, therefore, present application is liable to be dismissed on the ground of laches/delay.

¶13

When confronted with above, the learned counsel for applicants could not overcome the same.

¶14

Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that objections raised by the learned A.G.A. in opposition to this application are clearly borne out from the record and further the same could not be dislodged by the learned counsel for applicant. In view of above, no good ground exists to entertain the present application.

¶15

As a result, present application fails and is liable to be dismissed on the ground of laches/delay.

¶16

Accordingly, the present application is dismissed.

¶17

Order Date :- 20.9.2024 YK

¶18

Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad

Mohtasim v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mohtasim v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Raj Kumar Jaiswal and 11 Others vs State of U.P. and Another

Ali @ Bablu Mandal vs State of U.P. and Another

Neha Arora and 2 Others vs State of U.P. and Another

Masaifi @ Mohammad Afzal Saifi and 3 Others vs State of U.P. and Another

Rinku and 4 Others vs State of Up and Another

Ramanand and 3 Others vs State of U.P. and Another