Court No. - 44
Case :- APPLICATION U/S 482 No. - 20549 of 2018 Applicant :- Sri Chandra Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shoab Qumar Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Shoab Qumar Khan, learned counsel for the applicant and the learned A.G.A. for the State.
Supplementary affidavit filed on behalf of the applicant today in court is taken on record.
This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 04.02.2015 passed by the Chief Judicial Magistrate, Court no.15, Basti in Complaint Case No. 659 of 2014 (Ram Singh Verma Vs. Sri Chandra Verma and others) under Sections 323, 504, 506 and 379 I.P.C, Police Station-Kotwali, District-Basti as well as the entire proceedings of the above mentioned complaint case.
This application has been filed after an expiry of a period of more than three years from the date of the passing of the summoning order dated 04.02.2015. Therefore, prima facie, this application is barred by laches.
When the matter was taken up on 12.07.2018, the following order was passed:
"On the matter being taken up, learned counsel for the applicant very fairly submits that the laches in filing the present application have not been explained. He, therefore, prays that the time be granted for explaining the laches in filing the present application.
Accordingly, put up this case as fresh on 26.7.2018. "
In compliance of the aforesaid order, learned counsel for the applicant has filed a supplementary affidavit today and on the basis of averments contained in paragraph-4 of the supplementary affidavit, he submits that the laches in filing the present application have been sufficiently explained. Therefore, it is urged that the laches in filing the present application may be ignored. Paragraph 4 of the supplementary affidavit relied upon by the learned counsel for the applicants is reproduced hereunder:
"4. That it is also stated that the applicant has no knowledge regarding the aforesaid complaint case filed by the Opp. Party no.2 and regarding summoning order the concerned police came at the house of applicant and thereafter the deponent meet his local counsel and after obtaining the certified copy of the summoning order dated 04.02.2015 the deponent came at Allahabad on 02.01.2018 and meet his counsel and thereafter the present application under section 452 Cr.P.C is being filed before this Hon'ble Court without further delay. The delay occurred in filing the present application filed through supplementary affidavit may also condoned.."
From the perusal of the averments made in paragraph 4 of the supplementary affidavit, it is explicitly clear that no explanation has been offered for explaining the laches in filing the present application. As such, the laches in filing the present application remain unexplained.
This being the position, there is no occasion arises before this Court to entertain the present application. it is accordingly dismissed.
Order Date :- 26.7.2018 YK