Court No. - 66

Case :- APPLICATION U/S 482 No. - 37461 of 2022

Applicant :- Sudheer Kumar And 3 Others

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

Counsel for Applicant :- Madan Ji Pandey

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Madan Ji Pandey the learned counsel for applicants

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

Challenge in this application under Section 482 Cr.P.C. is to the

order dated 16.11.2019 passed by Additional Chief Judicial

Magistrate-I, Ballia in Complaint Case No.1235 of 2018

(Pushpa Dev vs. Reena Devi and others), whereby the discharge

application filed by the applicants in terms of Section 245

Cr.P.C. has been rejected.

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

objection regarding maintainability of present application under

Section 482 Cr.P.C.

Learned A.G.A. submits that the present application has been

filed after expiry of a period of more than three years from the

date of the impugned order dated 16.11.2019.As such present

application is hopelessly barred by latches. Moreover the

latches in filing the present application have not been

sufficiently explained. As the latches in filing the present

application have not been sufficiently explained, applicants do

not deserve any indulgence by this Court.

According to learned A.G.A. the charges must have been

framed by now. In case the charges have been framed the

question of discharge shall become academic. There is no

pleading in the affidavit filed in support of the present

application, that charges have not been framed as yet.

With confronted the above, the learned counsel for the

applicants could not overcome.

In view of the above, the present application fails and is liable

to be dismissed

It is accordingly, dismissed.

Order Date :- 24.1.2023

Jitendra

Digitally signed by :-

JITENDRA KUMAR PATEL

High Court of Judicature at Allahabad