Single judge disposed of an application under Section 482 Cr.P.C. to quash criminal proceedings. The application was dismissed because it was filed unexplained late, violating the limitation period under established legal principles.
Application under Section 482 Cr.P.C. dismissed on grounds of unexplained delay/laches.
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Neutral Citation No. - 2024:AHC:136089
Court No. - 77
Case :- APPLICATION U/S 482 No. - 9410 of 2024
Applicant :- Priyadarshani Kashyap Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Nitin Sharma, Advocate, holding brief of Mr. Ashish Kumar Dwivedi, the learned counsel for applicant and the learned A.G.A. for State.
Applicant Priyadarshani Kashyap, 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:
" It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow the present application and quash the entire proceeding of Criminal Case No. 1071 of 2022 (State Vs. Lakshya Tanwar and others) as well as Cognizance order dated 10.01.2022 passed by Chief Judicial Magistrate, District - Ghaziabad and charge sheet dated 09.01.2022 arising out of case crime No. 1651 of 2021 under sections 420, 406, 467, 468, 471, 409, 120-B I.P.C. Police StationKavinagar, District-Ghaziabad pending in the Court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.5, DistrictGhaziabad.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the entire criminal proceeding of Criminal Case No.1071 of 2022 (State Vs. Lakshya Tanwar and others) as well as Cognizance order dated 10.01.2022 passed by Chief Judicial Magistrate, 09.01.2022 in case crime No. 1651 of 2021 under sections 420, 406, 467, 468, 471, 409, 120-B I.P.C., Police Station- Kavinagar, District- Ghaziabad pending in the Court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.5, District- Ghaziabad during pendency of the present application before this Hon'ble court and/or may pass such other and further order, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
At the very outset, the learned A.G.A. has raised a preliminary objection by submitting the present application has been filed after expiry of period of two years and two months from the date of Cognizance Taking Order/Summoning Order 10.1.2022. As such, present application is hopelessly barred by laches. However, in the
affidavit accompanying the present application no explanation has been offered with regard to the delay/laches in filing the present application. Since the delay/laches in filing the present application have not been explained, therefore present application is liable to be dismissed on the ground of delay/laches.
When confronted with above, the learned counsel for applicant could not overcome the same.
Having heard the learned counsel for applicant, the learned A.G.A. for state and upon perusal of record this Court finds that present application under section 482 Cr.P.C. has been filed after expiry of a period of two years and two months from the date of Cognizance Taking Order/Summoning Order dated 10.1.2022. Though the affidavit filed in support of present application runs into 53 paragraphs, but in none of the paragraphs an attempt have been made to explain the delay/laches in filing the present application. Since the delay/laches in filing the present applicaiton remains unexplained, therefore present application is liable to be dismissed on the ground of delay/laches.
It is accordingly dismissed.
Order Date :- 23.8.2024
Arshad
Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad
2 issues framed by the court
Whether an application under Section 482 Cr.P.C. filed after a delay of over two years without explanation can be entertained.
Whether lack of explanation for delay/laches warrants dismissal of the application.
1 provisions across 1 enactments
Priyadarshani Kashyap
Rajeev Misra
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
