Allahabad High Court
Natthi Lal @ Nitthe Lal And 5 Ors. vs State Of U.P. And Anr. on 9 August, 2021
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- APPLICATION U/S 482 No. - 4957 of 2021 Applicant :- Natthi Lal @ Nitthe Lal And 5 Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Sudhir Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Sudhir Kumar, learned counsel for applicants and learned A.G.A. for State.
2. Perused the record.
3. Present application under Section 482 Cr.P.C. has been filed challenging Summoning Order dated 25.04.2013 passed by Chief Judicial Magistrate, Hathras in Complaint Case No. 2811 of 2004 (Khajan Singh Vs. Sanjay Kumar and others) under Sections 147, 452, 323, 504, 506 I.P.C. whereby court below has allowed the application dated 02.02.2020 under Section 319 Cr.P.C. filed by complainant as well as order dated 22.09.2015 passed by Additional Sessions Judge, Court No.3, Hathras in Criminal Revision No. 165 of 2013 (Natthi Lal and others Vs. State of U.P. and others, whereby aforesaid criminal revision arising out of order dated 25.04.2013 has been dismissed.
4. At the very outset, learned A.G.A. has raised a preliminary objection by submitting that present application has been filed after about five years from the date of order dated 22.09.2015 passed by Revisional Court. As such present application is hopelessly barred by laches. However, laches in filing present application have not been explained. As laches in filing present application have not been explained, consequently present application is liable to be dismissed on the ground of laches.
5. When confronted with aforesaid, learned counsel for applicants could not overcome the same.
6. In view of above, present application fails and is liable to be dismissed on the ground of laches.
7. It is accordingly dismissed.
Order Date :- 9.8.2021 YK