Charge-sheeted accused under Sections 364, 376 and 506 IPC sought quashing of charge sheet, cognizance and summoning order under Section 482 Cr.P.C., seven years after summoning. The court found the explanation for delay untruthful and insufficient and dismissed the application on the ground of laches.
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Neutral Citation No. - 2025:AHC:10670
Court No. - 71
Case :- APPLICATION U/S 482 No. - 37548 of 2024
Applicant :- Surendra @ Sethi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avnish Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
2. Perused the record.
" It is, therefore, most respectfully prayed that this Hon'ble Court may very graciously be pleased to allow this application and further be pleased to quash the Charge Sheet dated 15-09-2017, Cognizance as well as Summoning order dated 14-11-2017 and the entire proceedings of Case No. 2642 of 2017 (arising out of Crime No. 386 of 2017), State versus Surendra @Sethi, under section 364, 376 & 506 IPC, Police Station Murad Nagar, District Ghaziabad, which is pending in court of Additional Civil Judge ( Junior Division)/ Judicial Magistrate, Court No. 5, Ghaziabad, Ghaziabad.
It is also prayed that during the pendency of the present application before this Hon'ble Court, the further proceedings of the above noted case may also very graciously be kept in abeyance, or to pass such other and further orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury.".
"19. That In utter shock to him, as the investigating officer has not made the aforesaid affidavit as a part of case diary as such he by making a faulty investigation, in ex-parte manner submitted charge sheet before the learned Magistrate and the learned Magistrate, proceeded with the case. it is also stated that till date no summons were ever served upon the applicant as such the applicant was having no knowledge about the pendency of the present case. it is pertinent to mention here that meanwhile in Dashehra Festival, he came to his native place at Murad Nagar and then came to know about the pendency of the present case and thereafter he obtained the certified copies of the case and is not approaching this Hon'ble Court without any further delay. The delay, in approaching this Hon'ble Court by the applicant is bonafide and as such this Hon'ble Court may kindly be pleased to condone the dealy if any in filing of the present application, otherwise the applicant shall suffer irreparable loss and injury. "
Order Date :- 22.1.2025 YK
Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the delay and laches of over seven years in filing the Section 482 Cr.P.C. application were sufficiently explained so as to entertain the quashing petition.
1 provisions across 1 enactments
Surendra @ Sethi
State of U.P.
Another
Rajeev Misra
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
