ANUGRAH NARAIN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This application u/s 482 Cr.P.C. seeks the quashing of charge sheet submitted in Crime No.119 of 1994 u/s 425, 426 and 427 I.P.C. relating to Police Station-Soraon, District-Allahabad and the entire proceedings arising out of the same, pending as Case No.3220 of 2006 in the Court of Additional Civil Judge/Chief Judicial Magistrate, Allahabad.

(2.) When the case was taken up by the Court on 26.11.2008 the impugned proceedings were put in abeyance after hearing the counsel for the applicant and A.G.A. for the State. Opportunity was given to the State in order to file counter affidavit. Order sheet reveals that on several occasions the A.G.A. sought time to file counter affidavit and the Court obliged. On the last date i.e. 8.1.2014 the Court while passing a stop order allowed three weeks, but no more, time for filing counter affidavit. Today when the matter was taken up, the State counsel has once again come up with his perennial prayer of seeking further time to file counter affidavit and grant adjournment. A period of more than five years is by no means an insufficient opportunity to file counter affidavit and this Court has reason to presume that the State has nothing to file in rebuttal. We may take the horse to water but cannot compel it to drink. The Court, therefore, proceeds to hear this matter on merit.

(3.) Shri G.S. Chaturvedi, learned senior counsel assisted by Shri Samit Gopal has been heard on behalf of the applicant.