Court No. - 44
Case :- APPLICATION U/S 482 No. - 16520 of 2018 Applicant :- Fazil And 4 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kripa Shanker Yadav,Manish Dev Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Kripa Ahanker Yadav, 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 proceedings of Complaint Case No. 3143 of 2012, under Sections 323, 504 IPC,, pending in the court of Additional Chief Judicial Magistrate, Court No. 2, District Moradabad.
From the record, court finds that the applicants were summoned vide summoning order dated 7.1.2013. As such, the present application has been filed after an expiry of period of five years and five months. Therefore, prima facie the present application appears to be barred by laches.
Learned counsel for the applicants invited the attention of the court to the averments made in paragraph 11 of the affidavit and on the basis thereof, he submits that laches in filing the present application have been sufficiently explained. Therefore, as the laches in filing the present application have been sufficiently explained, accordingly, the laches if any, in filing the present application are liable to be ignored by this court.
The explanation offered in explaining the laches in filing the present application is neither sufficient nor the same appears to be truthful.
In view of the above, no occasion arises before this Court to entertain this application. Accordingly, the application is dismissed.
Order Date :- 29.5.2018 Arshad