RASHID KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/1500/2025 · 2025-02-20
Sanjay Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123942 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123942 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11147 Court No. - 18 Case :- APPLICATION U/S 482 No. - 1500 of 2025 Applicant :- Rashid Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Syed Mohammad Abid,Mohd.Gulfam Siraj,Nitin Singh,Shikhar Raj Singh Counsel for Opposite Party :- G.A.,Vinay Shankar Hon'ble Sanjay Kumar Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P./opposite party no.1, learned counsel for opposite party nos. 2 and 3 and perused the record.
2. The instant application under Section 482 Cr.P.C. dated 12.02.2025 has been preferred by the applicants with a prayer to quash
the
charge-sheet
dated
09.05.2016, cognizance/summoning order dated 28.07.2016, non-bailable warrant dated 17.05.2022 and proceedings of Criminal Case No. 0034942 of 2016 (State Vs. Shakir Khan and others) arising out of Case Crime No. 374 of 2015, under Sections 406, 420, 427 IPC, Police Station-Aliganj, District-Lucknow pending in the court of Special Chief Judicial Magistrate, Lucknow
3. On putting query about the delay of about 09 years in filing the instant application under Section 482 Cr.P.C., it is submitted by learned counsel for the applicant that the applicant was not aware about the proceeding of aforesaid case.
4. On the other hand, learned A.G.A. representing the State and
learned counsel for opposite party nos. 2 and 3 vehemently opposed the said submission of learned counsel for the applicant by contending that in this case, first information report was lodged against three accused persons namely, Shakir Khan, Mohammad Rizwan Khan and present applicant-Rashid Khan. The co-accused Shakir Khan and present applicant Rashid Khan are real brothers and other co-accused Mohammad Rizwan Khan is nephew of the applicant. The co-accused Shakir Khan was earlier appearing before the trial Court, which is clear from the order-sheet dated 21.08.2017 of the trial Court and also obtain bail, hence, it cannot be presume that the applicant was not aware about the said proceeding.
5. I find that it is an old matter of the year 2015. F.I.R. was
lodged against the applicant and two others on 17.09.2015 and charge-sheet was submitted on 09.05.2016. Non-bailable warrants have already been going on against the applicant since long.
6. Considering the inordinate delay of about 09 years in filing the instant application, I do not find any good ground to interfere in the matter.
7. In view of the above, the application under Section 482 Cr.P.C. is, accordingly, dismissed on the ground of laches without entering into the merits of the case.
8. Office is directed to communicate this order to the concerned court below within ten days for necessary information.
Order Date :- 20.2.2025 Shubham/Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench