Merely Because S.482 CrPC Does Not Prescribe Limitation Period Does Not Mean Parties Can Approach Court With Inordinate Delay: Bombay HC
A party cannot approach the High Court under Section 482 CrPC at his whim and caprice merely because the provision does not stipulate any period of limitation, the Bombay High Court has held. Division bench of Justices Vibha Kankanwadi and Rajesh S. Patil sitting at Aurangabad observed that within what time a petitioner should approach the Court under Section 482 CrPC depends upon...
A party cannot approach the High Court under Section 482 CrPC at his whim and caprice merely because the provision does not stipulate any period of limitation, the Bombay High Court has held.
Division bench of Justices Vibha Kankanwadi and Rajesh S. Patil sitting at Aurangabad observed that within what time a petitioner should approach the Court under Section 482 CrPC depends upon the facts and circumstances of the case. However, such time must be reasonable, not vitiated by inordinate delay and latches.
"Reasonable time would mean a time required by a prudent litigant to approach the Court in the given facts and circumstances of the case" it added.
The bench as dealing with a petition filed in November 2018 under Section 482 CrPC, seeking a direction upon the Maharashtra Police to investigate the complaint lodged by the Petitioner back in June 2002, regarding her husband's alleged murder.
The Court said that the petitioner has approached it at a highly belated stage, after about 16 years of registration of complaint.
Reliance was placed on Vipin Kumar Gupta v. Sarvesh Mahajan where Delhi High Court held that if a Court fails to take into consideration delay and latches while invoking its powers under Section 482 CrPC without any reasonable ground, there would be no end to the litigation.
"The petitioner after waking up from deep slumber, approached this Court without any iota of explanation for the delay as per her choice, vagary and crotchet. Thus, it can by no stretch of imagination be stated that the petitioner has approached this Court within a reasonable time. The petitioner wants this Court to exercise its jurisdiction under Section 482 of Cr. P. C, which, in the facts and circumstances of the case, this Court would be reluctant to do."
Accordingly, the plea was dismissed.
Case Title: Sushilabai w/o Vaijinath Pawar v. State of Maharashtra & Ors.
Citation: 2022 LiveLaw (Bom) 385