Dismissed

Jitendra Singh @ Ram Babu and Another v. State of U.P. and Another

Allahabad HC24 Sept 2024A482/18838/2024

Case brief

AI extract

What is this about?

The applicant filed an application under Section 482 CrPC challenging a charge sheet and cognizance order. The respondent raised a preliminary objection regarding the unexplained delay of over one year and five months between the cognizance order and the filing of the application. The court found the delay unexplained and dismissed the application.

What did the court decide?

Application dismissed on the ground of unexplained delay/laches.

Jitendra Singh @ Ram Babu and Another vs State… — Criminal Trial and Appeal | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:156357

¶2

Court No. - 77

¶3

Case :- APPLICATION U/S 482 No. - 18838 of 2024

¶4

Applicant :- Jitendra Singh @ Ram Babu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajneesh Tripathi Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajeev Misra,J.

¶6

Heard Mr. Rajneesh Tripathi, the learned counsel for applicants and the learned A.G.A. for State.

¶7

Applicants, who are charge-sheeted accused, have approached this Court by means of present application under Section 482 CrPC challenging the police report (charge sheet) dated 06.04.2021 submitted by the Investigating Officer in terms of Section 173 (2) CrPC in Case Crime No.67 of 2021, under Sections 323, 504, 506 IPC, police station Bichwan, district Mainpuri, the cognizance taking order/summoning order dated 23.12.2022, passed by Additional Chief Judicial Magistrate-1st, Mainpuri in Criminal Case No.4779 of 2022 (State Vs. Jitendra @ Ram Babu), under Sections 323, 504, 506 IPC, police station Bichwan, district Mainpuri as well as entire proceedings of aforementioned criminal case now pending in the court of Additional Chief Judicial Magistrate1st, Mainpuri.

¶8

At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that the police report in terms of Section 173 (2) CrPC (charge-sheet) was submitted against applicants on 06.04.2021, whereas the cognizance taking order/summoning order was passed by the jurisdictional Magistrate on 23.12.2022. With reference to above, the learned A.G.A. submits that present application has been filed after expiry of a period of more than one year and five months from the date of Cognizance taking order i.e. 23.12.2022. As such, present application is hopelessly barred by latches. However, in the affidavit filed in support of present application which runs into as many as 24 paragraphs, no attempt has been made by applicants to explain the delay/latches in filing the present application. It is thus contended that as the delay/latches in filing present application remain unexplained therefore, no interference is warranted by this Court in present application. As such, the present application is liable to be dismissed on the ground of delay/latches.

¶9

When confronted with above, the learned counsel for

¶10

applicants could not overcome the same.

¶11

Having heard the learned counsel for applicants, the learned A.G.A. for State and upon perusal of record this Court finds that the objection raised by the learned A.G.A. in opposition to this application is clearly borne out from the record and further the same could not be dislodged by the learned counsel for applicants with reference to the record.

¶12

In view of above, the present application fails and is liable to be dismissed.

¶13

It is, accordingly, dismissed .

¶14

Order Date :- 24.9.2024. Rks.

¶15

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

Jitendra Singh @ Ram Babu and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Jitendra Singh @ Ram Babu and Another 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

Parties & counsel

Coram

Case details

Similar cases

Kaptan Singh and Another vs State of Up and Another

Aparna Sharma and Another vs State of Up and Another

Shailesh Kumar Srivastav vs State of U.P. and Another

Brij Kumar Yadav vs State of U.P. and Another

Sunil Rathore vs State of U.P. and Another

Kamlesh Saroj vs State of U.P. and Another