Court No. - 82
Case :- APPLICATION U/S 482 No. - 16262 of 2021 Applicant :- Smt Mamta Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amar Bahadur Maurya,Sushil Kumar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Sri A.B. Maurya, learned counsel for the applicant.
2. This application has been filed by the applicant being aggrieved of order dated 19.2.2021 passed by learned Special Judge / SC/ST Act, Bareilly in Criminal Misc. Case No. 84 of 2021; whereby learned court concerned has rejected the application under section 156(3) Cr.P.C. on the ground of delay and latches.
3. Brief facts leading to the present application are that applicant belongs to under privileged section of the society. On 10.12.2019, she was travelling alongwith her husband Rahul on his motorcycle bearing registration no. UP 25-AC/7369 when at about 4:00 pm on Ramganga Pul, Car No. UP 24-AB 4407 had hit the motorcycle when car driver had stopped the car and had ill-treated her husband as all the three persons travelling in the car were under the influence of alcohol.
4. Counsel for the applicant when asked submits that for the first time application was made to the SSP, Bareilly on 16.1.2021 when accident was more than one year old, but no effective steps were taken by the applicant till 16.1.2021 whereas fact of the matter is that after Covid set in, in March, 2020 and normal function were restored from July, 2020 yet applicant was careless and casual to approach his case, therefore court below has not committed any error in dismissing the application under section 156(3) placing reliance on the judgment of Supreme Court in case of Smt. Priyanka Srivastava Vs. State of UP and others; AIR 2015 SC 1758. I do not find any illegality in the impugned order calling for any interference. Application fails and is dismissed.
Order Date :- 20.9.2021 S.K.S.