Court No. - 44
Case :- APPLICATION U/S 482 No. - 11935 of 2018 Applicant :- Ramgopal @ Gopal Bhai And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jagmohan Singh,Arun Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Arun Kumar Singh, 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 30.6.2017, passed by the (J.D)/Judicial Magistrate Jalon at Orai in Complaint Case No. 99 of 2017 (Smt. Shanti @ Neha vs. Tapan @ Mitthoo), under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S.
Kotwali, District Jalon, as well as the entire proceedings of the above mentioned complaint case.
This application has been filed after an expiry of more than nine months from the date of the passing of the summoning order dated 30.6.2017. Therefore, prima facie the present application appears to be barred by laches.
The laches in filing the present application have not been explained in the affidavit. Therefore, when the matter came up for admission on 18.4.2018, the learned counsel for the applicants prayed that the case be taken up on 24.4.2018.
Today, when the matter has been taken up, learned counsel for the applicants has filed a supplementary affidavit in court explaining the laches in filing the present criminal misc. application. Reliance is placed upon paragraph 3 of the supplementary affidavit and on the basis thereof the learned counsel for the applicants contends that there is no deliberate negligence or laches on the part of the applicants in filing the present application. As such, it is urged that since the laches in filing the present application have been sufficiently explained, the same are liable to be ignored by this Court.
Paragraph 5 of the supplementary affidavit relied upon by the learned counsel for the applicants, in support of his submission, as noted above, is quoted hereunder:-
"That just before a week when complainant Shanti@Neha called the applicants Ramgopal and others on mobile and told that a criminal case has been registered against the applicants which is pending before the court of Chief Judicial Magistrate Jalon at Orai in which the Non Bailable Warrant has been issued against all of the applicants and she told that she will drag to the applicants in to the jail and entire family will remain in jail, then applicant No.2 enquired the matter on dated 7.3.2018 in the court of C.J.M through counsel thereafter it come in the knowledge of the applicants about the issuance of the N.B.W. against the applicants. In these circumstances in absence of the knowledge regarding the case the applicants could not filed the above mentioned criminal Misc. application. "
The explanation offered in explaining the laches in filing the present application is neither sufficient nor the same appears to be truthful.
In view of the above, no occasion arises before this Court to entertain this application. Accordingly, the application is dismissed on the ground of laches.
Order Date :- 27.4.2018 Arshad