Neutral Citation No. - 2025:AHC:81883 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 5374 of 2025 Applicant :- Ram Ratan Nishad Alias Ram Ratan Sokha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Satya Prakash Singh, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Ram Ratan Nishad Alias Ram Ratan Sokha, who is a named as well as charge sheeted accused and has now been summoned by Court below, has approached this Court by means of present application under Section 528 BNSS. with the following prayer:- "It is, therefore, most respectfully prayed this Hon'ble Court may graciously be that pleased to allow the present application and to quash the entire proceeding of the Criminal case and charge Sheet dated 26.09.2023 as well as summoning order dated 27.10.2023 in Criminal Case No. 54514 of 2023 (State Vs. Ram Ratan NIshad @Ram Ratan Sokha) arising out of Case Crime No. 319 of 2023 under Sections 376, 323, 506 of I.P.C., Police Station- Chiluatal, District- Gorakhpur, pending in the Court of Additional Chief Judicial Magistrate/SD-2, Gorakhpur. It is further prayed that this Hon'ble court may graciously be pleased to stay the further proceeding of Criminal Case No. 54514 of 2023 (State Vs. Ram Ratan NIshad @ Ram Ratan Sokha) arising out of Case Crime No 319 of 2023 under Sections 376, 323, 506 of I.P.C., Police Station- Chiluatal, District- Gorakhpur, pending in the Court of Additional Chief Judicial Magistrate/SD-2, Gorakhpur, till the pendency of the present application before this Hon'ble Court, and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the present case, otherwise the applicant shall suffer irreparable loss and injury." 4. At the very outset, the learned A.G.A. for State-opposite party-1 has raised a preliminary objection by contending that present application has been filed after an expiry of a period of 1 year and 6 months from the date of summoning order i.e. 27.10.2023. As such, present application is hopelessly barred by delay/latches. However, the delay/latches in filing the present application have not been sufficiently explained. It is thus contended by the learned A.G.A. that since the delay/latches in filing the present application have not been sufficiently explained, therefore, present application is liable to be dismissed on the ground of delay/latches. As such, no interference is warranted by this Court in present application. 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-opposite party-1 and upon perusal of record, this Court finds that the objection 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 on the ground of delay/latches. 8. It is, accordingly, dismissed. Order Date :- 14.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad