The High Court application under CrPC 482 seeking quashing of proceedings was dismissed solely on the ground of laches due to an inordinate delay of eleven years, without examining the merits of the case.
Application dismissed on the ground of laches without entering into the merits of the case.
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Neutral Citation No. - 2024:AHC:169479
Court No. - 84
Case :- APPLICATION U/S 482 No. - 35845 of 2024
Applicant :- Jay Prakash And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1-Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
2-The instant application under Section 482 Cr.P.C. dated 17.10.2024 has been preferred by the applicants with a prayer to quash the charge sheet dated 25.08.2013, cognizance/summoning order dated 17.10.2013 and proceedings of Case No. 1661 of 2013 (State vs. Jay Prakash and Another) arising out of Case Crime No. 84 of 2013, under Sections 381, 406 I.P.C., Police Station Raipurwa, District Kanpur Nagar, pending in the court of Civil Judge (Junior Division), Kanpur Nagar.
3-Considering the inordinate delay of about eleven years in filing the instant application, I do not find any good ground to interfere in the matter.
4-In view of the above, the application under Section 482 Cr.P.C. is, accordingly, dismissed on the ground of laches without entering into the merits of the case.
5-Office is directed to communicate this order to the concerned court below within a week for necessary information.
Order Date :- 23.10.2024 Saurabh
Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should interfere in the present application considering the inordinate delay.
1 provisions across 1 enactments
Jay Prakash And Another
State of U.P. and Another
Sanjay Kumar Singh
Saurabh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
