Court No. - 44
Case :- APPLICATION U/S 482 No. - 14336 of 2018 Applicant :- Kalyan Singh And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Om Vikram Singh Chauhan,Shiv Om Vikram Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard 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 have challenged the summoning order dated 13.09.2016 passed by the Additional Chief Judicial Magistrate, Court no.2, Agra in Complaint Case No. 3909 of 2016 (Vineet Vs. Kalyan Singh and others) under Sections 147, 452, 354Kha, 323, 504, 506 I.P.C., Police Station- Saiya, District-Agra as well as the entire proceedings of the above mentioned complaint case.
This application has been filed after an expiry of a period of more than 1 year and seven months from the date of the passing of the summoning order dated 13.09.2016. Therefore, prima facie, the present application is barred by laches.
Learned counsel for the applicants invited the attention of the Court to the averments made in paragraph no.11 of the affidavit and on the basis thereof, he contends that there is no deliberate negligence or laches on the part of the applicants in filing the present criminal misc. application. He further submits that the laches in filing the present application have been sufficiently explained in paragraph 11 of the affidavit. As such the same are liable to be ignored by this Court. Paragraph 11 of the affidavit relied upon by the learned counsel for the applicants in support of his submission as noted above is quoted hereunder:
"16. That the learned Magistrate without going through the record and without applying his mind and summon the applicants on 13.09.2016 under Section 147, 452, 354Kha, 323, 506, 504 I.P.C. Police Station Sainya District Agra although the summoning order had yet not been served to the applicants and in the month of February 2018 applicants came to know regarding the pending proceedings, hence the applicants immediately after knowledge of filing the present application before this Hon'ble Court without any further delay."
From the perusal of the averments made in paragraph 11 of the affidavit, it is explicitly clear that the date and mode of knowledge of the present proceedings by the applicants have not been disclosed. It is well settled by now that acknowledgement cuts limitation. Since the laches in filing the present application have not been sufficiently explained, no occasion arises for this Court to entertain this application.
The present application fails and is accordingly dismissed.
However, it is provided that in case applicants appear before the court below and file their bail application, the court below shall decide the bail application of the applicants 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 :- 27.4.2018 YK