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Nilesh vs State Of Up And Another

High Court Of Judicature at Allahabad|30 April, 2019
|

JUDGMENT / ORDER

Court No. - 65
Case :- APPLICATION U/S 482 No. - 11876 of 2019 Applicant :- Nilesh Opposite Party :- State Of Up And Another Counsel for Applicant :- Ganesh Shankar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of charge sheet dated 30.1.2015 as well as the entire proceedings arising out of Case Crime No. 104 of 2014, under sections 147, 148, 149, 307, 336, 323, 504, 506 I.P.C., Police Station- Chauri, District- Bhadohi, pending in the Court of Additional Session Judge/ F.T.C., Bhadohi, Gyanpur.
Heard applicant's counsel and learned AGA. Entire record has been perused.
Learned counsel for the applicant has been fair enough to admit that the charge-sheet in this case was lodged long back in year 2015 and the charges in the case have already been framed after the commitment of the case to the Court of Sessions.
At this stage the proceedings of the trial Court has been challenged on the ground that the F.I.R. was lodged as a matter of counterblast. There is absolutely no adequate explanation for this inordinate delay in challenging the proceedings. Charge- sheet was never challenged, subsequent proceedings were never challenged and now after exhausting public resources for several years the proceedings are being challenged and that too have no such sound reasons which may persuade this Court to entertain this application which must meet its nemesis on the ground of failure to explanation of laches.
The application therefore stands dismissed.
Order Date :- 30.4.2019 shiv
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Title

Nilesh vs State Of Up And Another

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 April, 2019
Judges
  • Karuna Nand Bajpayee
Advocates
  • Ganesh Shankar Dubey