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2025 DAILYLAW 92754 (ALL)

GIRDHARI LAL AND 3 OTHERS v. THE STATE OF U.P. AND 3 OTHERS

CRLP/19926/2025 · 2025-10-06

Ajay Kumar Ii, Rajeev Misra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19926 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J. Heard Mr. Abhishek Singh, the learned counsel for petitioners and the learned A.G.A. representing State respondents 1, 2 and 3. Challenge in this Criminal Misc. Writ Petition is to the F.I.R. dated 29.9.2022 registered as Case Crime No. 428 of 2022, under Sections 419, 420, 467, 468 and 507 IPC, Police Station Phoolpur, District Prayagraj. On the matter being taken up, the learned A.G.A. has raised a preliminary objection by contending that the present writ petition has been filed after expiry of a period of more than 3 years from the date of F.I.R. However, the delay/laches in filing the present writ petition have not been sufficiently explained. The writ petition runs into as many as 20 paragraphs, however, in none of the paragraphs any explanation has come forward explaining the delay/laches in filing the present writ petition. Since delay/laches in filing the present writ petition have not been explained, therefore, the present writ petition is liable to be dismissed. When confronted with above, the learned counsel for petitioners could not overcome the same. Having heard the learned counsel for petitioners, the learned A.G.A. representing respondents 1, 2 and 3 and upon perusal of record, we find that the preliminary objection raised by the learned A.G.A. in opposition to this writ petition is clearly borne out from the record. Versus Counsel for Petitioner(s) : Abhishek Singh, Shital Singh Counsel for Respondent(s) : G.A. Girdhari Lal And 3 Others .....Petitioner(s) The State Of U.P. And 3 Others .....Respondent(s) In view of above, present writ petition fails and is liable to be dismissed. It is, accordingly, dismissed. October 7, 2025 HSM CRLP No. 19926 of 2025 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad