Court No. - 44
Case :- APPLICATION U/S 482 No. - 13605 of 2018 Applicant :- Raju Sonkar And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Amar Jeet Upadhyay, 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 order dated 16.10.2017, passed by the Judicial Magistrate, Court No. 1, Allahabad, in Complaint Case No. 145 of 2016 (Manju Devi Vs. Raju Sonkar and others), under Sections 498A 323, 504, 506 IPC and 3/4 D.P. Act, P.S.
Kydganj, District Allahabad as well as the entire proceedings of the aforesaid complaint case.
By means of the summoning order dated 16.10.2017 the court below summoned the applicants, in the above mentioned complaint case. Subsequently, the applicant no. 3 Kalawati and the applicant No. 5 Smt. Chanda appeared before the court below and were granted bail on 13.12.2017. As such, the knowledge of the criminal proceedings initiated by the opposite party No.2 against the other applicants can be safely said to be acquired on 13.12.2017.
There is absolutely no pleading in the entire affidavit filed in support of the application explaining the laches in filing the present application nor there is any explanation that in spite of the knowledge of the criminal proceedings initiated by opposite party No.2, why the applicant nos. 1,2,4 and 6 have not appeared before the court below, till date.
As such the laches in filing the present application remains unexplained. No case for interference is made out. The application is, accordingly, dismissed.
Order Date :- 24.4.2018 Arshad