Court No. - 44
Case :- APPLICATION U/S 482 No. - 16427 of 2018 Applicant :- Ashwani Kumar Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Laxmi Kant Pandey,Indever Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Amar Jeet Upadhyay, learned counsel for the applicants, the learned A.G.A. for the State and Mr. Ankit Saran, Advocate, who has put in appearance on behalf of the opposite party no.2.
Supplementary affidavit filed today is taken on record.
This application under Section 482 Cr.P.C. has been filed challenging the proceedings of Complaint Case No. 701 of 2012 (Mohd. Budhawa Vs. Ashwani Kumar Singh), under Sections 420, 406, 467, 468, 471, 504, 506 IPC and 138 N.I.
Act Act, P.S. Khanpur, District Bulandshahr.
This application has been filed after an expiry of period of more than four years from the date of passing of the summoning order dated 9.5.2014. Therefore, prima facie, this application is hopelessly barred by laches.
There is absolutely no explanation in the entire affidavit filed in support of the application explaining the laches in filing the present application. As such the laches in filing the present application remains unexplained. No case for interference is made out. The application is, accordingly, dismissed.
Order Date :- 29.5.2018 Arshad