Lalit Chaturvedi And 2 Others Vs State of U.P. and Another (Allahabad High Court)
Summary: The Allahabad High Court dismissed an application filed by Lalit Chaturvedi and two others under Section 482 Cr.P.C., seeking quashing of the charge-sheet dated 12.12.2019, the cognizance/summoning order dated 16.01.2020 and the entire proceedings of Criminal Case No. 404 of 2020, State Vs. V.K. Chaturvedi and 2 Others, arising out of Case Crime No. 287 of 2019 under Sections 420, 406 and 506 IPC, Police Station Hapur Dehat, District Hapur, pending before the court of A.C.J.M., Hapur.
At the outset, the learned A.G.A. for the State raised a preliminary objection that the applicants had challenged the charge-sheet dated 12.12.2019 after substantial delay. Since the applicants had been summoned by the court below pursuant to the said charge-sheet through the order dated 16.01.2020, the State contended that the application under Section 482 Cr.P.C. was hopelessly barred by laches.
The State further submitted that the applicants had not provided any explanation for the delay. According to the State, in the absence of a satisfactory explanation for such laches, the applicants were not entitled to exercise of the inherent jurisdiction of the High Court.
The learned counsel appearing for the applicants was unable to furnish any reasonable explanation for the delay in approaching the Court.
