Unexplained delay in lodging an F.I.R. can undermine the prosecution's case, leading to quashing of proceedings.

JUDGMENT :

Rajeev Misra, J.

1. Hear Mr. Surya Pratap Singh, the learned counsel for applicant, the learned A.G.A. for State and Mr. Sanjay Yadav, the learned counsel representing first informant/opposite party-2.

2. This application under section 482 Cr.P.C. has been filed by charge sheeted accused Anil Kumar Gupta with the following prayer:

It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application under Section 482 Cr.P.C. and quash the impugned charge sheet dated 23.11.2022 as well as impugned order dated 05.10.2024 as well as entire proceedings registered in its pursuance as Session Trail No. 04 of 2023 (State of U.P Vs. Anil Kumar Gupta) Kushinagar, under Sections 376, 323, 504, 506 IPC, Police Station- Pataherwa, District- Kushinagar pending before the court of Additional Sessions Judge, FTC-2, Kushinagar at Padrauna including order of cognizance and summoning dated 12.12.2022 as well as the order framing charges dated 05.10.2024 passed by Court below in aforesaid proceedings.

It is further prayed that this Hon'ble court may be pleased to stay the effect and operation the impugned charge sheet dated 23.11.2022 as well as impugned order dated 05.10.2024 as well as entire proceedings registered in its pursuance as Session Trail No. 04 of 2023 (State of U.P Vs. Anil Kumar Gupta Kushinagar, under Sections 376, 323, 504, 506 IPC, Police Station- Pataherwa, District- Kushinagar pending before the court of Additional Sessions Judge, FTC-2, Kushinagar at Padrauna including order of cognizance and summoning dated 12.12.2022 as well as the order framing charges dated 05.10.2024 passed by Court below in aforesaid proceedings, during the pendency of the present application u/s 482 Cr.P.C.

3. At the very outset, the learned A.G.A. for State and the learned counsel representing opposite party-2 have raised a preliminary objection by contending that since charges have been framed against charge sheeted accused/applicant vide framing of charge order dated 5.10.2024. It is then contended that once the charges have been framed, Court below has to answer the charges one way or the other. As such, such no relief can be granted to applicant in present application.

4. When confronted with above, the learned counsel for applicant relying upon the judgement of Supreme Court in Satish Mehra VS. State (NCT of Delhi) and Another, (2012) 13 SCC 614, submits that even though the framing of charge order has been passed by Court, the veracity of the proceedings can be examined in exercise of Jurisdiction under section 482 Cr.P.C. He, therefore submits that in view of above, present application is maintainable.

5. Having heard the learned counsel for applicant, the learned A.G.A. for State and Mr. Sanjay Yadav, the learned counsel representing first informant/opposite party-2, and upon perusal of record, this Court finds that in view of the law laid down by Apex Court in Satish Mehra VS. State (NCT of Delhi) (Supra) the preliminary objection raised by the learned A.G.A and the learned counsel representing first informant in opposition to this application is misconceived. Accordingly, the preliminary objection stands rejected.

6. Learned counsel for applicant submits that the F.I.R. giving rise to present criminal proceedings was lodged on 10.4.2022. With reference to above, the learned counsel for applicant submits that in the day, date and time of occurrence column of F.I.R, no date has been mentioned. He has then taken the Court to the body of the F.I.R and on basis thereof, he submits that it is an admitted case of the prosecutrix/first informant that she entered into live in relationship with accused in the year 2015. As such, the F.I.R. giving rise to present application is highly belated. However, no explanation has come forward in the F.I.R. explaining the delay in lodging the F.I.R. After aforementioned F.I.R. was lodged, Investigating Officer recorded the statement of the prosecutrix/first inf