Court No. - 44
Case :- APPLICATION U/S 482 No. - 30423 of 2018 Applicant :- Gyan Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Geetam Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Geetam Singh, learned counsel for the applicant 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 27.8.2009, passed by the Chief Judicial Magistrate, Kasganj in complaint Case No. 7014 of 2012 (Smt. Santoshi Devi Vs. Devendra and others), under section 498A IPC and Section 3/4 D.P. Act, P.S. Kasganj, District Kasganj as well as the order dated 18.7.2014, passed by Sessions Judge, Kasganj in Criminal Misc. Case No. 37 of 2014 (Gyan Singh Vs. State of U.P. and another), whereby the aforesaid misc. case preferred against the summoning order dated 27.8.2009 has been dismissed.
It appears that aggrieved by the summoning order dated 27.8.2009, the present applicant filed a criminal revision before the District and Sessions Judge, Kasganj. However, as there was delay in filing the criminal revision, an application under Section 5 of Limitation Act was filed, seeking condonation of delay. This application under Section 5 of Limitation Act came to be registered as Misc. Case No. 37 of 2014 (Gyan Singh Vs. State of U.P. and another) and was rejected vide order dated 28.7.2014. Consequently, the revision has also been dismissed.
Learned A.G.A. points out that after expiry of period of more than 9 years from the date of passing of summoning order and after expiry of a period of 4 years from the date of passing of the order dated 18.7.2014, the present application has been filed. The laches in filing the present application have not been explained.
Consequently, there is no occasion before this Court to entertain the present application. It is, accordingly, dismissed.
Order Date :- 24.9.2018 Arshad