Court No. - 44
Case :- APPLICATION U/S 482 No. - 23905 of 2018 Applicant :- Bhupendra Sharma And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Balbeer Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Balbeer Singh, learned counsel for the applicants and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 20.12.2017 passed by the Additional Chief Judicial Magistrate 9th Agra, in Complaint Case No. 3876 of 2017, (Smt. Tanu Sharma Vs. Himanshu Sharma @ Rahul and others), under sections 498-A, 323, 504, 506 IPC and section 3/4 D.P. Act, P.S.New Agra, District Agra, as well as the entire proceedings of the above mentioned complaint case. Apart from the aforesaid, the applicants have also challenged the order dated 19.02.2018, whereby non- bailable warrants have been issued against the applicants.
Admittedly, this case under section 482 Cr. P. C. has been filed after the expiry of the period of more than six months from the date of the passing of the summoning order dated 20.12.2017. The explanation offered for explaining the laches in filing the present applicant with dealy is contained in paragraph No. 13 of the affidavit.
From the perusal of the averment made in paragraph No. 13 of the affidavit, the explanation offered by the applicant for explaining the laches neither appears to be sufficient nor truthful.
For the reasons mentioned herein above, no occasion arises before this Court to entertain this application.
It is, accordingly, dismissed.
Order Date :- 26.7.2018 HSM