HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 3503 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Suneel Kumar Yadav, learned counsel for applicant and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the Chargesheet dated 29.05.2020 along with cognizance order dated 25.06.2020 and entire proceedings of G.T. No.26 of 2020 (State Vs. Naiyar Alam and others), arising out of Case Crime No.155 of 2019, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Saraimeer, District Azamgarh, pending in the Court of learned Special Judge (Gangster Act), Azamgarh. 3. The proceedings of present case pertains to Gangster Act, has been sought to be quashed only on the single ground that while forwarding and approving the gang chart, the Superintendent of Police and District Magistrate, Azamgarh, had put their signatures on same date and month but year has not been mentioned by them. 4. An specific query has been put before learned counsel for applicant that where in the Rule or the Act of Gangster, this provision is mentioned that date along with year should be mentioned while forwarding and approving the gang chart by concerned authorities? In reply to the same, nothing has been said by learned counsel for applicant. 5. Learned AGA has also vehemently opposed the prayer sought through the instant application on the ground that order impugned is of the year 2020 and the same has been challenged through the instant application after about five years without explaining the delay and latches and as such, the same Versus Counsel for Applicant(s) : Suneel Kumar Yadav Counsel for Opposite Party(s) : G.A. Ravindra Maurya .....Applicant(s) State of U.P. and Another .....Opposite Party(s) may be dismissed on the ground of delay and latches. 6. 6. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, it transpires that in the present matter, chargesheet was filed in the year 2020 whereupon cognizance of offence was also taken in the year 2020 and now the same has been challenged through the instant application after about five years without explaining the delay and if the Court fails to take into consideration delay and latches while invoking the powers of the High Court under Section 482 Cr.P.C. without any reasonable ground, there would be no end to the litigation. A party cannot approach the High Court under Section 482 Cr.P.C. at his whim and caprice merely because no period of limitation in filing the petition under the aforesaid provision is provided. A petition under Section 482 Cr.P.C. must be filed within a reasonable time and it should not be vitiated by inordinate delay and latches on the part of applicant. 7. Within what time a person should approach the Court under Section 482 Cr.P.C. depends upon the facts and circumstances of the case. Reasonable time generally means any time which is not manifestly unreasonable and which is fairly necessary for approaching the Court. Reasonable time would mean a time required by a prudent litigant to approach the Court in the given facts and circumstances of the case. 8. Analyzing the facts of the instant case in the backdrop of aforesaid position, it is absolutely clear that applicant has approached this Court at a highly belated stage i.e. after about five years of passing the order impugned. The applicant after awaking up from deep slumber, approached this Court without any iota of explanation for the delay as per his choice. Thus, it can by no stretch of imagination be stated that the applicant has approached this Court within a reasonable time. The applicant wants this Court to exercise its jurisdiction under Section 482 Cr.P.C., which, in the facts and circumstances of the case, this Court would be reluctant to do. 9. In view thereof, the instant application stands dismissed. September 19, 2025 Vivek Kr. A482 No. 3503 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad