Court No. - 44
Case :- APPLICATION U/S 482 No. - 11572 of 2018 Applicant :- Mohammad Mustafa And 5 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohammad Mustafa,Afshan Shafaut Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mrs. Afshan Shafaut, 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 6.7.2017 passed by the Chief Judicial Magistrate, Siddharthnagar, in Complaint Case No. 511 of 2015 (Abdul Bari Vs. Mohammad Mustafa and others), under sections 147, 148, 323, 336, 504, 506 IPC, P.S. Dumariyaganj, District Siddharthnagar, 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 9 months from the date of the passing of the summoning order dated 6.7.2017. Therefore, prima facie this application is hopelessly barred by laches. Neither in the affidavit accompanying criminal misc. application nor in the supplementary affidavit filed today, there is any explanation regarding the laches in filing the present criminal misc. application.
As the laches in filing the present criminal misc. application remains unexplained, no occasion arises before this Court to entertain the present application.
The application is, accordingly, dismissed.
However, the Court below is directed to consider the bail application of the applicants in the light of the judgement of 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 HSM