Court No. - 45 Case :- APPLICATION U/S 482 No. - 19669 of 2010 Petitioner :- Abrar Respondent :- State Of U.P. & Another Petitioner Counsel :- Pankaj Dubey,Pankaj Srivastava Respondent Counsel :- Govt. Adovcate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A.
The present 482 Cr.P.C. petition has been filed for quashing the cognizance
taken order dated 8.2.2006 passed by Judicial Magistrate-I, Meerut in
Criminal Case No.243 of 2006 (now Criminal Case No.5140 of 2009), under
Sections 147, 341 IPC.
The order impugned was passed in the year 2006 and there is no explanation
given by the applicant for filing the present 482 petition, at a belated stage.
Therefore, the present petition is liable to be dismissed on the ground of
latches. Further more, the learned AGA has contended that the applicant has a
remedy open to him and, therefore, the present petition is misconceived.
After hearing the learned counsel for the applicant and the learned AGA and
after perusing the averments made in the petition, as there is no explanation of
latches given by the applicant in the present 482 petition for challenging the
order dated 8.2.2006, in the year 2010. Accordingly, the present petition lacks
is dismissed on the ground of latches.
Order Date :- 28.7.2010
Hasnain