Neutral Citation No. - 2025:AHC:80046 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 16327 of 2025 Applicant :- Dilshad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Mohammad Khalid, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicants-Dilshad And 2 Others, who are charge sheeted accused and facing trial before 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 that this Hon'ble Court may graciously be pleased to allow the present application filed under Section 528 B.N.S.S and quash the entire proceeding of Case No.1659 of 2004, State Versus Muneesh Chandra & others arising out of case crime No 235 of 1990, under Sections 147, 148, 149, 336, 435, 436, 307 201, 302, 379 I.P.C. Police Station Ganjdundwara, District Etah, it is further prayed that this Hon'ble Court may also be pleased to quashed the order dated 19.02.2025 by which the learned court below issued non bailable warrant against the applicants. It is further prayed that further proceeding of Case No. 1659 of 2004 State Versus Muneesh Chandra & others, arising out of the case crime No. 235 of 1990 under Section 147, 148, 149, 336, 435, 436, 307 201, 302, 379 I.P.C. Police Station Ganjdundwara, District Etah, pending in the Court Judicial Chief Magistrate, District Etah, till the pendency of the present application before this Hon'ble Court, and/or pass such other and further order as this Hon'ble Court may deem fit and proper under the circumstances of the case." 4. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that charge sheet/police report in terms of Section 173(2) Cr.P.C. was submitted against accused applicants on 27.05.2003. As such, present application has been filed after expiry of a period of almost 21 years from the date of charge sheeted i.e. 27.05.2003. It is then contended by the learned A.G.A. that jurisdictional magistrate vide order dated 09.08.2024 took cognizance upon aforementioned police report and issued summons to the charge sheeted accused. As such, present application has been filed after expiry of a period of almost 20 years from the date of cognizance taking order/summoning order i.e. 09.08.2024. As such, present application is hopelessly barred by latches. It is then contended by the learned A.G.A. that though the affidavit filed in support of present application runs into as many as 36 paragraphs, however, in none of the paragraph an attempt has been made to explain the delay/latches in filing the present application. Learned A.G.A. thus contends that since the delay/latches in filing the present application have not been sufficiently explained, therefore, no good ground exists to entertain the present application. As such, present application is liable to be dismissed on the ground of delay/latches. 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 and upon perusal of record, this Court finds that the objection raised by the learned A.G.A. in opposition to this application is 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. 8. It is, accordingly, dismissed. Order Date :- 13.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad