Rajeev Kumar Singh v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 36061 of 2023 Applicant :- Rajeev Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Singh,Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2This application under Section 482 CrPC has been filed with the prayer to quash the cognizance order dated

27.10.2009 and summoning order dated 30.06.2011 as well as entire proceeding of Case No. 2732 of 2009, arising out of Case Crime No. 02 of 2008, under Sections 419, 420, 467, 468, 471, 409 IPC, Police Station Rasara, District Ballia, pending in the court of Additional Chief Judicial Magistrate-I, Ballia.

¶3At the very outset, learned AGA for the State has pointed out that in the instant case, cognizance was taken on

27.10.2009 and the applicant was summoned by the court below vide order dated 30.06.2011, however, the instant application has been filed after an expiry of more than twelve years, as such, the present application is hopelessly barred by laches.

¶4Learned AGA has further submitted that said laches has not been explained at all by learned counsel for the applicant, in the absence of which, the present application does not deserve any indulgence by this Court.

¶5Learned counsel for the applicant has not been able to give any reasonable explanation for the said laches.

¶6In view of the above, the present application under Section 482 Cr.P.C. is liable to be dismissed on the ground of laches and it is accordingly dismissed. Order Date :- 27.10.2023/Nadim High Court of Judicature at Allahabad