Arif Husain Nd 2 Others v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 39084 of 2023 Applicant :- Arif Husain Nd 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.

¶1Heard Mr. Narendra Singh, learned counsel holding brief of Mr. Dinesh Chandra Dwivedi, learned counsel for the applicants and learned AGA for the State.

¶2The instant application under Section 482 Cr.P.C. has been preferred by the applicants-Arif Husain, Shakir and Kiswari for quashing the summoning order dated 17.03.2011 and non bailable warrant dated 28.06.2016 as well as proceedings of Case No.1641 of 2010 (State v. Arif Husain and other), under Sections 323, 504, 506 I.P.C., Police Station Kotwali Mahoba, District Mahoba, pending in the court of Chief Judicial Magistrate, Mahoba.

¶3On putting query about inordinate delay of about twelve years in filing the instant application dated 12.10.2023, learned counsel for the applicants could not give satisfactory reply.

¶4On the other hand, learned A.G.A. submits that the applicants are playing hide and seek with the Court since 2011 and till date he did not appear before the trial court.

¶5Considering the facts of the case and inordinate delay in filing the instant application as noted above, I do not find any good ground to interfere in the matter.

¶6In view of the above, the application lacks merits and is, accordingly, dismissed.

¶7Office is directed to communicate this Court's order to the concerned Court below within a week for necessary information. Order Date :- 21.11.2023 A.N. Mishra High Court of Judicature at Allahabad