Court No. - 44
Case :- MATTERS UNDER ARTICLE 227 No. - 6318 of 2018 Petitioner :- Sheela Pandey Respondent :- State Of U.P. And Another Counsel for Petitioner :- Pawan Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. P.K. Srivastava, learned counsel for the petitioner and the learned A.G.A. for the State.
This petition under Article 227 of the Constitution of India has been filed challenging the summoning order dated 16.02.2009 passed by the Judicial Magistrate Ist, Gorakhpur, in Complaint Case No. 1524 of 2008 (Avnish Pandey Vs. Smt. Sheeela Pandey and others), under sections 323, 504, 506, 392 IPC, P.S. Khajani, District Gorakhpur, pending in the Court of Civil Judge (J.D.)/Judicial Magistrate, Court No. 4 as well as the order dated 11.10.2013 passed by the Additional Sessions Judge, Court No. 3, Gorakhpur, whereby the delay condonation application filed filed in criminal revision seeking condonation of delay has been rejected.
Admittedly, the petitioner has approached this Court after expiry of a period of more than 4 1/2 years. The delay in filing the present petition has not been explained sufficiently. Consequently, the laches in filing the present application remain unexplained In view of the facts noted herein above, no occasion arises before this Court to entertain this petition.
It is accordingly, dismissed.
Order Date :- 17.9.2018 HSM