Tejpal Singh and 2 Ors. vs State of U.P. and Another

Virendra Vikram Singh, J.—Heard learned counsel for the applicants and learned AGA.

By moving the present application u/s 482 Cr.P.C., the applicants had challenged the charge sheet dated 18.4.2006, under Sections 420, 467, 468, 471 & 120-B IPC, and supplementary charge sheet dated 16.7.2007 on the ground that there is an inordinate delay in the investigation. The FIR in question was lodged on 16.12.1989.

Reliance has been placed from the case law of Pankaj Kumar Vs. State of Maharashtra and Others, .

The applicants have approached this Court after a lapse of 7 years and it is also not disputed that during this period the applicants have still not put in appearance before the trial court. The law laid down on behalf of the applicants has been passed in a criminal appeal before the Apex Court, wherein, the entire trial on the ground of delay has been quashed. It has nowhere been held by the Apex Court that in every case where the investigation is delayed, the trial shall be quashed. The applicants have approached this Court after 7 years and they have not put in appearance before the court as yet.

This Court does not see any abuse of process.

The application lacks merit and is, hereby, dismissed.