Rakesh Kumar Awasthi v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 30799 of 2023 Applicant :- Rakesh Kumar Awasthi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeshwar Prasad Sinha 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 summoning order dated

15.01.2007 as well as entire proceeding of Complaint Case No. 142 of 2006 (Prem Singh Vs. R.K. Awasthi and Others), under Sections 395, 397 IPC, Police Station Raja Ka Rampur, District Etah, pending in the court of Special Judge (D.A.A.), Etah.

¶3At the very outset, learned AGA for the State has pointed out that in the instant case, the applicant was summoned by the court below vide order dated 15.01.2007, however, the instant application has been filed after an expiry of more than 16 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 :- 28.10.2023 Nadim High Court of Judicature at Allahabad