Neutral Citation No. - 2025:AHC:81421 Court No. - 87 Case :- APPLICATION U/S 482 No. - 42510 of 2024 Applicant :- Baby Alias Baby Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vimal Kumar Pandey,Vinod Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Vimal Kumar Pandey, learned counsel for the applicants, Sri S.D. Pandey, learned A.G.A. for the State-O.P. no.1 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicants praying for quashing summoning order dated 04.09.2013 in Complaint Case No.512 of 2017, under Sections 498 and 342 IPC, Police Station-Auraiya, District-Auraiya pending in the Court of Civil Judge, Junior Division/F.T.C./C.W.C., Auraiya. 3. Learned counsel for the applicants submitted that earlier complainant/O.P. no.2 has lodged NCR against the applicants on 05.05.2013 and later on, on 15.05.2013 O.P no.2 has lodged a complaint case wherein after adducing evidence, the court below has passed summoning order on 04.09.2013. He next submitted that when the applicants did not appear, NBW was issued against them on 05.10.2023 for the first time. He submitted that when the applicants came to know about issuance of NBW against them they obtained bail on 17.01.2024 and thereafter by means of instant application they have assailed summoning order dated 04.09.2013. He next submitted that the applicants have never committed any offence as alleged against them. He submitted that the applicants do not have any criminal history and they have been falsely implicated in the said case. He further submitted that two proceeding have been initiated by O.P. no.2 for the same incident, which is bad in the eyes of law. Further submission is that no offence against the applicants is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the applicants. 4. Per contra, learned A.G.A. vehemently opposed the application and contended that the applicants have challenged the summoning order after lapse of almost 12 years and the instant application has been filed belatedly, which is liable to the dismissed on the ground of delay alone. He next submitted that the applicants had not appeared in the trial of the case, so NBW was issued against them and the instant application has been filed just to stop the proceedings of the trial case. 5. Heard learned counsel for the parties and perused the record. The instant application is highly belated one. I see no illegality or infirmity in the summoning order. 6. The instant petition lacks merit and is, accordingly, dismissed. Order Date :- 16.5.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad