Court No. - 44
Case :- APPLICATION U/S 482 No. - 13612 of 2018 Applicant :- Subhash And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sandeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ravi Prakash Srivastava, 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 summoning order dated 07.11.2017 passed by the Additional Chief Judicial Magistrate, Court no.5, Aligarh in Complaint Case No. 840 of 2017 (Yogendra Vs. Subhash and others) under Sections 498A, 323, 504, 506 I.P.C and 3/4 D. P. Act., Police Station-Lodha, District-Aligarh as well as the entire proceedings of the above mentioned complaint case.
This application has been filed after an expiry of a period of six months from the date of the passing of the summoning order dated 07.11.2017. Therefore, prima facie, the present application is barred by laches.
Learned counsel for the applicants invited the attention of the Court to the averments made in paragraph no.16 of the affidavit and on the basis thereof, he contends that there is no deliberate negligence or laches on the part of the applicants in filing the present criminal misc. application. Further more, the laches in filing the present application have been sufficiently explained in paragraph 16 of the affidavit. As such the same are liable to be ignored by this Court. Paragraph 16 of the affidavit relied upon by the learned counsel for the applicants is reproduced hereunder:
"16. That the applicants have received the information of said summoning order on 7.11.2017 then they have inquired the matter and obtained the certified copy of summoning order on 17.3.2018 and after taken legal advise now filing the present application, hence this Hon'ble Court may be pleased to condone the delay, if any in filing the present Criminal Misc. application, so that justice may be done."
Admittedly, the court below passed the summoning order on 07.11.2017 and the applicants are stated to have acquired knowledge about the summoning order dated 07.11.2017 on the same day, i.e., on 07.11.2017. Why the present application could not be filed within reasonable period, has not at all been explained in paragraph 16 of the affidavit.
In view of the aforesaid, no case for interference is made out.
The present application under Section 482 Cr.P.C. is accordingly dismissed on the ground of laches.
Order Date :- 24.4.2018 YK