Neutral Citation No. - 2025:AHC:75212 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 9113 of 2025 Applicant :- Santosh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyawan Yadav,Surya Ditya Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Chandra Mani Singh, Advocate, holding brief of Mr. Satyawan Yadav, the learned counsel for applicant and the learned A.G.A. for State opposite party 1. Perused the record. Applicant Santosh, who is a named and charge sheeted accused and has now been summoned by Court below, has approached this Court by means of present application under Section 528 B.N.S.S. with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceeding of Old Case no. 934 of 2015 and New Case No.3488 of 2024, State Vs. Santosh, in pursuance of the charge-sheet dated 10.03.2015 arising out of Case Crime No. 118 of 2014, under section 376 I.P.C, Police Station Jahanaganj, District Azamgarh pending in the Court of learned Judicial Magistrate, Court No. 20, Azamgarh as well as summoning order dated 23.09.2015 passed by the learned Judicial Magistrate, Court No. 29, and quash the Non- Bailable Warrant issued by the learned Court below dated 25.02.2025 against the applicant in Old Case no. 934 of 2015 and New Case No.3488 of 2024, State Vs. Santosh, arising out of Case Crime No. 118 of 2014, under section 376 I.P.C, Police Station Jahanaganj, District Azamgarh, so that justice may be done or else, the Applicant shall suffer irreparable loss and injury. It is further prayed that this Hon'ble Court may also be pleased to stay the entire criminal proceeding of Old Case no. 934 of 2015 and New Case No.3488 of 2024, State Vs. Santosh, in pursuance of the charge-sheet dated 10.03.2015 arising out of Case Crime No. 118 of 2014, under Section 376 I.P.C, Police Station Jahanaganj, District Azamgarh pending in the Court of learned Judicial Magistrate, Court No. 20, Azamgarh during pendency of present application before this Hon'ble Court otherwise the Applicant shall suffer from irreparable loss and injury. And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." At the very outset, the learned A.G.A. representing State opposite party 1 has vehemently opposed the present application. Learned A.G.A. submits that present application has been filed after an expiry of a period of more than 9 years and 7 months from the date of summoning order i.e. 23.2.2015. As such, the present application is hopelessly barred by laches. However, the delay/laches in filing the present application has not been sufficiently explained. On above premise, the learned A.G.A. thus submits that since the delay/laches in filing the present application has not been sufficiently explained, therefore, no interference is warranted by this Court in present application. When confronted with above, the learned counsel for applicant could not overcome the same. 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 objections raised by the learned A.G.A. in opposition to this application are clearly borne out from the record and further more the same could not be dislodged by the learned counsel for applicant with reference to the record. As such, no good ground exists to entertain the present application. In view of above, present application fails and is liable to be dismissed. It is, accordingly, dismissed. Order Date :- 8.5.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad