Court No. - 44
Case :- APPLICATION U/S 482 No. - 28683 of 2018 Applicant :- Sankhta Lal @ Munim @ Sant Lal And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Umesh Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Umesh Chandra Tiwari, learned counsel for the applicant 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 22.10.2011, passed by the Additional Chief Judicial Magistrate, Court No.9, Allahabad in Complaint Case No. 398 of 2010 (Alok Ranjan Vs. Shankha Lal @ Munim and others), under sections 452, 323, 504, 506 IPC, P.S. Meja, District Allahabad as well as the entire proceedings of above mentioned complaint case.
Learned A.G.A. points out that from the order sheet of the above mentioned complaint case, it appears that on 4.4.2012, an application was filed on behalf of the applicants before the Court below, seeking exemption from his presence. Therefore, the applicants have due knowledge regarding the pendency of the above mentioned complaint case. The challenge to the proceedings of the above mentioned complaint case, after a period of more than seven years, cannot be justified. There is no explanation in the entire affidavit explaining the laches in filing the present application after seven years, in the light of the recital contained in the order dated 4.4.2012.
In view of the facts as noted herein above, this court does not find any good ground to entertain this application. It is accordingly, dismissed.
Order Date :- 6.9.2018 Arshad