Dismissed¶17

Ashok Kumar Gupta v. State of U.P. and Another

Allahabad HC7 May 2025NA528/6030/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application dismissed for unexplained delay/laches — filed more than 7 years after charge sheet dated 08.04.2018; non-appearance of prosecutrix/first informant (opposite party-2) before court below held not a sufficient ground to explain delay; applicant Ashok Kumar Gupta, charge-sheeted accused in S.T. No. 67 of 2018, Case Crime No. 34 of 2018, Sections 406, 504, 506, 376 IPC, P.S. Mahuli, District Sant Kabir Nagar; High Court of Judicature at Allahabad; Neutral Citation 2025:AHC:76245; decided 8.5.2025 by Rajeev Misra, J.

What did the court decide?

The application, filed after expiry of more than 7 years from the charge sheet dated 08.04.2018, is hopelessly barred by delay/laches; the delay/laches remains sufficiently unexplained and no good ground exists to entertain the present application. ¶16

Ashok Kumar Gupta Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:76245

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Court No. - 70

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Case :- APPLICATION U/S 528 BNSS No. - 6030 of 2025 Applicant :- Ashok Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alauddin,Fakhruddin Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Alauddin Khan, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.

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Perused the record.

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Applicant-Ashok Kumar Gupta, who is a named as well as charge sheeted accused and facing trial before Court below, has approached this Court by means of present application under Section 528 BNSS with the following prayer:-

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"It is, therefore, most respectfully prayed that this Hon'ble court may kindly be pleased to allow the present application and quash the entire criminal proceedings as well as charge sheet dated 08.04.2018 of S.T. No.67 of 2018 (State Versus Ashok Kumar Gupta) arising out of Case Crime No.34 of 2018, Under Section 406, 504, 506, 376 I.P.C., police station Mahuli, District Sant Kabir Nagar Pending in the Court of Learned Additional Session Judge/F.T.C. second, Sant Kabir Nagar, in the interest of justice.

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And it is further prayed that the stay the entire criminal proceeding and as well as charge-sheet dated 08.04.2018 in S.T. No.67 of 2018 (State Versus Ashok Kumar Gupta) arising out of Case Crime No.34 of 2018, Under Section 406, 504, 506, 376 I.P.C., police station Mahuli, District Sant Kabir Nagar, Pending in the Court of Learned Additional Session Judge/F.T.C. second, Sant Kabir Nagar, in the interest of justice.

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And/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the present case."

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At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that present application has been filed after an expiry of a period of more than 7 years from the date of charge sheet i.e. 08.04.2018. As such, present application is hopelessly barred by delay/latches. However the delay/latches in

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filing the present application has not been sufficiently explained. Since, the delay/latches in filing the present application has not been sufficiently explained, therefore, the present application is liable to be dismissed on the ground of delay/latches. On the above premise, the learned A.G.A. contends that no interference is warranted by this Court in present application.

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When confronted with above, the learned counsel for applicant submits that though trial of applicant is pending before court below since 2018, however, no prosecution witnesses including first informant has appeared before Court till date. As such, no equity has passed on in the hands of third person. He, therefore, submits that in view of above it cannot be said that there is deliberate negligence or latches on the part of applicant in filing present application. As such, the delay if any in filing the present application is liable to be ignored.

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At this juncture, the Court raised a pointed query as to whether charges have been framed against accused application by Court below or not.

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Learned counsel for applicant could not submit any reply to the above. Moreover, since the copy of the order-sheet of concerned Sessions Trial has not been brought on record therefore, there is nothing on record to evidence the submissions urged by the learned counsel for applicant as noted hereinabove.

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Having heard, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that present application has been filed after expiry of a period of more than 7 years from the date of charge sheet i.e. 08.04.2018. As such, present application is hopelessly barred by delay/latches. The fact that prosecutrix/first informant opposite party-2 has not been appeared before Court below till date is by itself neither a good nor sufficient ground to explain the delay/latches on behalf of applicant in filing the present application. It is thus apparent that delay/latches in filing the present application remains sufficiently unexplained. In view of above, no good ground exists to entertain the present application.

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As a result, the present application fails and is liable to be dismissed on the ground of delay/latches.

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It is, accordingly, dismissed.

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Order Date :- 8.5.2025/Imtiyaz

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Ashok Kumar Gupta v. State of U.P. and Another

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