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2025 DAILYLAW 22868 (ALL)

DINANATH PRAJAPATI v. STATE OF U.P. AND 2 OTHERS

NA528/6436/2025 · 2025-05-18

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84272 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 6436 of 2025 Applicant :- Dinanath Prajapati Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ram Jatan Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for applicant and the learned A.G.A. for the State. 2. This application u/s 528 BNSS has been preferred against the order dated 21.05.2011 passed by learned Additional Principal Judge, Family Court, Ballia in Case No. 310 of 2014 (Kaushallya v. Dinanath), under Section 125(3) CrPC, Police Station- Rasra, District- Ballia, whereby recovery warrant has been issued against the applicant. 3. Perusal of record shows that the impugned order has been passed on 21.05.2011 and there is absolutely no explanation as to why the said order has not been challenged well within time. It is correct that no fixed period of limitation has been prescribed for filing an application under Section 482 CrPC / 528 BNSS but nevertheless such an application has been filed within a reasonable time. Thus, the instant application is suffering from vice of gross delay and laches on the part of the applicant. Further, no material illegality or perversity could be pointed out in the impugned order. 4. The application under Section 528 BNSS lacks merit and thus, liable to be dismissed. 5. Accordingly, the application under Section 528 BNSS is hereby dismissed. Order Date :- 19.5.2025/ Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad