Neutral Citation No. - 2025:AHC:49594 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5681 of 2025 Applicant :- Rajkumar Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Majahar Ali Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the state and perused the record. 2. Learned counsel for the applicant submits that in the case of co- accused Neel Kamal the impugned order dated 28.5.2020 has been quashed, therefore, the present applicant is also entitled for the same relief. 3. Learned A.G.A. however, points out that in application U/s 482 Cr.P.C. No. 2936 of 2022 (Sheshdhar Mishra and 3 others vs. State of U.P. and another) the present applicant was also a party, in which the following order was passed on 20.8.2024 :- "Heard Mr. Mazhar Ali, the learned counsel for applicants and the learned A.G.A. for State. Applicants Sheshdhar Mishra and three others, who are charge sheeted accused, have approached this Court with the following prayer:- "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the charge-sheet dated 18.02.2020 arising out of Case Crime No. 543 of 2019, under Sections 417, 418, 420 & 421 of Indian Penal Code, Police Station- Sigra, District- Varanasi as well as the entire consequential proceedings including the cognizance order dated 28.05.2020 passed by the Chief Judicial Magistrate, Varanasi being Criminal Case No. 6194 of 2020 (State vs. Priya Sharma and Others) in connection with Case Crime No. 543 of 2019, under Sections 417, 418, 420 & 421 of Indian Penal Code, Police Station- Sigra, District-Varanasi. It is further prayed that the further proceedings of Criminal Case No. 6194 of 2020 (State vs. Priya Sharma and Others) arising out of Case Crime No. 543 of 2019, under Sections 417, 418, 420 & 421 of Indian Penal Code, Police Station- Sigra, District- Varanasi pending in the Court of Chief Judicial Magistrate, Varanasi be stayed by this Hon'ble Court, during pendency of the instant application before this Hon'ble Court, otherwise the applicants shall suffer irreparable loss and injury." At the very outset, the learned A.G.A. submits that present application is hopelessly barred by laches inasmuch same has been filed after expiry of a period of more than one year and nine months from the date of the charge sheet and one year and three months from the date of Cognizance Taking Order/Summoning Order passed by Court below. Learned A.G.A. then submits that there is no explanation in the affidavit filed in support of this application under Section 482 Cr. P. C. explaining the delay/laches in filing the present application. He, therefore, contends that since delay/laches in filing the present application have not been explained, therefore, present application is liable to be dismissed. When confronted with above, the learned counsel for applicants could not overcome the same. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that present application has been filed with delay. However, the delay/laches in filing the present application have not been explained. Since the delay/laches in filing the present application have not been explained, therefore, the present application is liable to be dismissed. As a result, this application fails and is liable to be dismissed." 4. This is the second application under section 482 Cr.P.C. filed on behalf of the applicant before this Court on the same cause of action and hence the same is not maintainable. 5. Accordingly, this application is dismissed as not maintainable. Order Date :- 5.4.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad