Neutral Citation No. - 2025:AHC:84938 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 6298 of 2025 Applicant :- Jogendra Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Najakat Ali Counsel for Opposite Party :- G.A.,Pavan Kishore Hon'ble Rajeev Misra,J. 1. Heard Mr. Najakat Ali, the learned counsel for applicants, the learned A.G.A. for State-opposite party-1 and Mr. Pavan Kishore, the learned counsel representing first informant opposite party-2. 2. Perused the record. 3. Applicants-Jogendra Singh And Another, who are named as well as charge sheeted accused and have now been summoned by Court below, have 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 under Section 528 of B.N.S.S. and to quash the entire proceedings of Criminal case no. 1418 of 2018 (State Vs Jogendra Singh and others) pending in the court of Addl. Chief Judicial Magistrate Court no. 2, Bareilly arising out case Crime no. 648 of 2016, under section 504, 506 and 386 of Indian Penal Code Police Station Bhojipura, District Bareilly as well as notice (u/s 75 Scheduled 5 Paper no. 2) dated 10.1.2025 issued by Addl. Civil Judge (Sr. Division) Chief Judicial Magistrate, Bareilly and further be pleased to stay the further proceedings of Criminal case no. 1418 of 2018 (State Vs Jogendra Singh and others) pending in the court of Addl. Chief Judicial Magistrate Court no. 2, Bareilly arising out case Crime no. 648 of 2016, under section 504, 506 and 386 of Indian Penal Code Police Station Bhojipura, District Bareilly as well as notice (u/s 75 Scheduled 5 Paper no. 2) dated 10.1.2025 issued by Addl. Civil Judge (Sr. Division) Chief Judicial Magistrate, Bareilly, during the pendency of present Criminal Misc. application Under Section 528 of B.N.S.S. before this Hon'ble Court. And/or, other and further order be passed which the Hon'ble Court may deem fit and proper in the fact and circumstance of the 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 more than 6 years from the date of the charge sheeted i.e. 30.07.2018 as well as cognizance taking order/summoning order dated 30.07.2018 passed by Court below. 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 applicants could not overcome the same. 6. Having heard the learned counsel for applicants, the learned A.G.A. for State-opposite party-1, the learned counsel representing first informant opposite party-2 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 applicants 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 :- 17.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad