Neutral Citation No. - 2025:AHC:72664 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 14563 of 2025 Applicant :- Mukesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Om Prakash Vishwakarma,P.K. Upadhyay Counsel for Opposite Party :- G.A.,Madhu Kumar Ram,Vikram Yadav Hon'ble Rajeev Misra,J. 1. Heard Mr. Om Prakash Vishwakarma, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and Mr. Vikram Yadav, the learned counsel representing first informant/opposite party-2.. 2. Perused the record. 3. Applicant-Mukesh, who is a charge sheeted accused and has 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 that this Hon'ble court may graciously be pleased to allow this application and quash the impugned summoning order dated 16.07.2020 passed by Additional Sessions Judge/POCSO Act-1, Proceeding Jaunpur well as and entire Criminal as Charge Sheet dated 08.05.2020 in S.S.T. No. 152 of 2020 (State Vs. Mukesh and others) arising out of case crime no. 367 of 2019 under section 363, 366, 376, 504, 506 I.P.C. and 3/4 POCSO Act, Police Station- Kerakat, District- Jaunpur, Pending in the court of Additional Sessions Judge/POCSO Act-1, Jaunpur. It is further prayed that this Hon'ble court may graciously be pleased to stay the further proceeding of S.S.T. No. 152 of 2020 (State Vs. Mukesh and others) arising out of case crime no. 367 of 2019 under section 363, 366, 376, 504, 506 I.P.C. and 3/4 POCSO Act, Police Station- Kerakat, District Jaunpur, Pending in the court of Additional Sessions Judge/POCSO Act- 1", Jaunpur, and/or to pass such other and further order which this Hon'ble court deemed fit and proper under the circumstances of case, otherwise applicant shall suffer irreparable loss and injury." 4. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that applicant has approached this Court after after an expiry of a period of more than 4 years and nine months from the date of summoning order dated 16.07.2020 passed by court below. As such, present application is hopelessly barred by dealy/laches. It is then submitted by the learned A.G.A. that though the affidavit filed in support of present application runs into as many as 42 paragraphs but in none of the paragraph of the affidavit an attempt has been made to explain the delay/laches in filing the present application. It is thus urged by the learned A.G.A. that since the delay/laches in filing present application have not been sufficiently explained by applicant, therefore, no occasion arises before this Court to entertain the 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 preliminary objections raised by the learned A.G.A. in opposition to this applicationis 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 at this stage. 8. In view of above, present application fails and is liable to be dismissed. 9. It is accordingly dismissed. Order Date :- 6.5.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad