Allahabad High Court
Smt. Shashi And 2 Others vs State Of U.P. And Another on 9 January, 2023
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- APPLICATION U/S 482 No. - 26715 of 2022 Applicant :- Smt. Shashi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Romeshwari Prasad Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Mr. Romeshwari Prasad, the learned counsel for applicants and the learned A.G.A. for State.
This application under section 482 Cr.P.C has been filed challenging the summoning order dated 9.4.2018, passed by Chief Judicial Magistrate, Hathras, in Case No. 1757 of 2018 (State of U.P. Vs. Smt. Shashi and Others) under sections 420, 467, 468, Police Station- Hathras Kotwali, District Hathras as well as entire proceedings of aforementioned case now pending in the Court of Chief, Judicial Magistrate, Hathras.
At the very outset, learned A.G.A. has raised a preliminary objection by submitting that present application has been preferred after expiry of a period of more than 4 years and nine months from the date of summoning order dated 9.4.2018. As such, present application is hopelessly parred by laches. Moreover, the laches in filing present application have not been explained. On the aforesaid premise, it is urged that as the laches in filing present applications have not been sufficiently explained, applicant does not deserve any indulgence by this Court.
When confronted with above, learned counsel for applicant has invited attention of the Court to the averments made in paragraphs 30 and 31 of the affidavit filed in support of present application. Same read as under:
"Para- 30- That it is very relevant to state here that no summons/warrants wes ever received by the accused applicants and as they were residing in Lucknow, thus they were not aware of the present proceedings pending before the learned Court below. The applicants came to know about the present proceedings in the month of December, 2021 through on e person and thereafter, they immediately rushed to Hathras and contracted their lawyer and requested him to provide all the relevant documents regarding the case.
Para 31- that as the present matter is very complicated and involves transaction of more than fifty years, thus it took lot of time to the applicants to collect all the documents and thereafter, immediately came to collect all the documents and thereafter, immediately came to Allahabad for filing the present application under section 482 Cr.P.C."
Perusal of same goes to show that delay in filing present application has not been sufficiently explained. In view of above, no occasion arises before this Court to entertain this application.
Application fails and is liable to be dismissed on the ground of laches.
It is accordingly dismissed.
Order Date :- 9.1.2023 Arshad