Court No. - 44
Case :- APPLICATION U/S 482 No. - 13639 of 2018 Applicant :- Baliram Verma And 6 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Manoj Kumar Singh, learned counsel for the applicants and the learned A.G.A. for the State.
By means of this application under section 482 Cr. P. C., the applicants are challenging the summoning order dated 16.5.2017 passed by the Judicial Magistrate Ist Ballia, in Complaint Case No. 518 of 2015 (Rinki Devi Vs. Baliram and others), under sections 323, 504, 452 IPC, P.S. Garwar, District Ballia pending in the Court of Additional District Judge Vth Ballia, as well as the entire proceedings of the aforesaid complaint.
This application has been filed after an expiry of a period of more than 11 months from the date of the passing of the summoning order dated 16.5.2017. Therefore, prima facie, this application is hopelessly barred by laches. There is no explanation in the entire affidavit explaining the laches in filing the present criminal misc. application. As the laches in filing the present criminal misc. application remain unexplained, no case for interference is made out.
The application fails and is, accordingly, dismissed.
However, it is observed that in case the applicants appear and apply for bail before the Court below, then bail application shall be considered and decided by the Court below expeditiously in the light of the observation made by this Court in the case of Brahm Singh and others Vs. State of U.P. and others reported in 2016 (7) ADJ 151.
Order Date :- 24.4.2018 HSM