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2025 DAILYLAW 14624 (ALL)

TANSEEN v. STATE OF U.P. AND ANOTHER

A482/3593/2025 · 2025-04-21

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60178 Court No. - 70 Case :- APPLICATION U/S 482 No. - 3593 of 2025 Applicant :- Tanseen Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Mohammad Zakir, the learned counsel for applicant and the learned AGA for State-opposite party-1. 2. Perused the record. 3. Applicant- Tanseen, who is a charge-sheeted accused and has been summoned by court below has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the charge sheet dated 05.06.2021 and summoning order dated 31.07.2023 as well as entire proceeding against the Applicant in Case No. 5893 of 2023 (State Versus Tanseen) Case Crime no. 1634 of 2020, under Section 376 I.P.C., P.S. Kotwali Shahr, District Bulandshahr. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the Case No. 5893 of 2023 (State Versus Tanseen) Case Crime no. 1634 of 2020, under Section 376 I.P.C., P.S. Kotwali Shahr, District Bulandshahr pending before the court of C.J.M., Bulandshahr, during the pendency of this application before this Hon'ble Court. And/Or may be pleased to pass such further and suitable order as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 4. At the very outset, the learned AGA has raised a preliminary objection by contending that present application under Section 482 Cr.P.C. has been filed after expiry of a period of more than one year and almost nine months from the date of summoning order i.e. 31.07.2023. As such present application is hopelessly barred by delay/latches. However the delay/latches in filing the present applicant have not been sufficiently explained. As the delay/latches in filing the present application have not been sufficiently explained, the present application is liable to be dismissed on the ground of delay/latches. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record, but furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of above, no good ground exists to entertain the present application. 7. As a result, the present application fails and is liable to be dismissed. 8. It is, accordingly, dismissed. Order Date :- 22.4.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad