Dismissed¶¶12

Sheraj Alias Sheraj Ahmad and Another v. State of U.P. and Another

Allahabad HC21 May 2025A482/42598/2024

Case brief

AI extract

What is this about?

S.482 CrPC quashing application dismissed; belated challenge (filed after more than 12 years) to summoning order dated 07.01.2013 — no plausible explanation for delay; NBW order dated 04.03.2024 upheld as legal, issued for non-appearance at trial; Complaint Case No.201 of 2012 u/s 323, 504, 506 IPC, P.S. Kheta Sari, District Jaunpur; A.C.J.M.1 Court No.12 Jaunpur; Allahabad High Court; Prashant Kumar, J.; decided 22.5.2025; Neutral Citation 2025:AHC:86394.

What did the court decide?

The challenge to the summoning order dated 07.01.2013 fails: the application is highly belated, having been filed after a lapse of more than 12 years, and no plausible explanation for the long delay was given by counsel for the applicants. ¶¶10

Sheraj Alias Sheraj Ahmad and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:86394

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 42598 of 2024

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Applicant :- Sheraj Alias Sheraj Ahmad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Prashant Kumar,J.

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Heard Sri Vijay Kumar Pandey, learned counsel for the applicants, Sri Chandra Shekhar Saran, learned A.G.A. for the State-O.P. no.1 and perused the record.

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The present application under Section 482 Cr.P.C. has been filed by the applicants praying for quashing summoning order dated 07.01.2013 and NBW order dated 04.03.2024 passed by A.C.J.M.1, Court No.12, Jaunpur in Complaint Case No.201 of 2012 (Abdul Salam vs. Anjay Singh and others) u/s 323, 504, 506 IPC, Police Station-Kheta Sari, District-Jaunpur or to stay the further proceedings of the case during pendency of this application.

¶8

Learned counsel for the applicants submits that civil suit was filed by O.P. no.2 against father of applicant nos.1 and 2. Thereafter, O.P. no.2 filed a complaint against the applicants on 05.01.2012 in which after adducing evidence, summons were issued on 21.07.2014. This proceeding was challenged by the applicants and there was stay order by this Court vide order dated 10.09.2014. Thereafter, second complaint has been filed by O.P.no.2 on 29.03.2012 in which after adducing evidence, summons have been issued on 07.01.2013, which was assailed by the O.P. no.2 in criminal revision. Since, the applicants did not appear, the trial court has issued NBW against them on 04.03.2024. The applicants by means of instant application have challenged the summoning order as well as order of NBW.

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Per contra, learned A.G.A. vehemently opposed the application and contended that the Court below has rightly summoned the applicants and no interference is required by this Court in the impugned order as well as the on going proceedings.

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As as far challenge to the summoning order dated 07.01.2013 is concerned, the instant application is highly belated as the same has been filed after lapse of more than 12 years. On perusal of record, I find that no plausible explanation has been given by the learned counsel for the applicants for such a long delay.

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So far as challenge to the order of NBW is concerned, I see no illegality in the said order as the same has been passed on the ground that the applicants had not appeared in the trial of the case.

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In view of aforesaid facts and reasons, I find no merit in this applicant and the same is, accordingly, dismissed.

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Order Date :- 22.5.2025 Manish Himwan

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Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad

Sheraj Alias Sheraj Ahmad and Another v. State of U.P. and Another

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