Court No. - 66

Case :- APPLICATION U/S 482 No. - 36128 of 2022

Applicant :- Smt. Hamida And Another

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Tahira Kazmi,Quazi Mohammad

Akaram,Saiful Islam Siddiqui

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Saiful Islam Siddiqui, the learned counsel for

applicants and the learned A.G.A. for State.

Supplementary affidavit filed by leanred counsel for applicants

in Court today is taken on record.

Perused the record.

At the very outset, learned counsel for applicant submits that he

be permitted to amend the prayer clause of the present

application inasmsuch as the description of one of the acts has

wrongly been mentioned as Pandemic Act whereas correct

description is Epidemic Diseases Act, 1897.

Prayer made for is bonafide. Same is not opposed by learned

A.G.A. Accordingly it is allowed.

Let necessary amendment in the prayer clause of this

application be carried out by learned counsel for applicants

during the course of the day.

This application under section 482 Cr.P.C. has been filed

challenging charge sheet dated 18.5.2020, submitted in Case

Crime No. 0310 of 2020, under section 188, 269, 332, 353, 504

IPC Section 51(b) Disaster Management Act, Section 3

Epidemic Diseases Act as well as the Cognizance Taking

Order/Summoning Order dated 22.6.2020, passed in Case No.

5941 of 2020 (state Vs. Shane Alam and Others), order dated

8.9.2021, whereby non bailable warrant has been issued against

applicants, as well as the entire proceedings of above mentioned

case now pending in the Court of Chief Judicial Magistrate,

Moradabad.

At the very outset, the learned A.G.A. has raised a preliminary

objection by submitting that present application has been

preferred after expiry of period of more than two years and six

months from the date of charge sheet dated 18.5.2020 and after

period of two years and three months from the date of

Cognizance Taking Order/Summoning Order dated 22.6.2020.

As such, present application is hopelessly bared by laches.

Moreover the laches in filing the present application have not

been explained. Since the laches in filing present application

have not been explained, applicants do not deserve any

indulgence by this Court.

When confronted with above, the learned counsel for applicants

could not overcome the same.

In view of above, prayer made for is refused.

However, it is provided that in case applicants appear before

Court below within a period of ten days from today, Court

below shall consider their bail applications on the same day in

the light of provisions contained in proviso to section 437 (2)

Cr.P.C.

With the aforesaid direction, present application is finally

disposed of.

Order Date :- 18.1.2023

Arshad

Digitally signed by :-

ARSHAD MAHMOOD

High Court of Judicature at Allahabad