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.
The High Court considered the rival submissions and held that, in view of the unexplained laches, the application under Section 482 Cr.P.C. was liable to be dismissed. The Court therefore declined to exercise its inherent jurisdiction and dismissed the application on the ground of laches.
The order thus turned entirely on the procedural delay in invoking the jurisdiction of the High Court and the applicants’ failure to explain that delay. The Court did not grant relief against the charge-sheet, cognizance/summoning order or criminal proceedings because the preliminary objection regarding laches remained unanswered.
The application was accordingly dismissed.
FULL TEXT OF THE JUDGMENT/ORDER OF ALLAHABAD HIGH COURT
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 12.12.2019 and cognizance/ summoning order dated 16.01.2020 as well as 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, 506 IPC, Police Station Hapur Dehat, District Hapur, pending in the court of A.C.J.M., Hapur.
3. At the very outset, learned AGA for the State has pointed out that the applicant has challenged the charge-sheet dated 12.12.2019, on the basis of which, the applicants have been summoned to face trial by the court below vide its order dated 16.01.2020, as such, the present application is hopelessly barred by laches.
4. Learned AGA for the State has further submitted that the said laches has not been explained at all by the applicants, in the absence of which, the present application does not deserve any indulgence by this Court.
5. Learned counsel for the applicants has not been able to give any reasonable explanation for the said laches.
6. In view of the above, the present application u/s 482 Cr.P.C. is liable to be dismissed on the ground of laches and it is accordingly dismissed.
