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The High Court took note of the delay in filing the writ petition and noted that, "Reasonable time generally means any time which is not manifestly unreasonable and which is fairly necessary for approaching the Court. Reasonable time would mean a time required by a prudent litigant to approach the Court in the given facts and circumstances of the case."
The Bombay High Court, Aurangabad Bench comprising Justice Vibha Kankanwadi and Justice Rajesh S. Patil rejected to exercise power under Section 482 citing a delay of 16 years in filing the writ petition.
The petition was filed by the wife of the deceased who went missing in 2002. The respondents informed the petitioner that her husband had been swept away in the river, after which the petitioner filed a complaint with the police alleging that the respondents who informed the petitioner had killed her husband. She alleged that the respondent had killed her husband in relation to a sale deed of immovable property.
The petitioner had also made representations before the authorities including the Honourable Chief Minister, to direct the police to conduct an investigation. The petitioner then approached the High Court in 2018 seeking direction for investigation in the case.
The High Court while dismissing the writ petition noted that,"A party cannot approach the High Court under Section 482 of the CrPC at his whim and caprice merely because no period of limitation in filing the petition under the aforesaid provision is provided. A petition under Section 482 of the Cr. P. C must be filed within a reasonable time and it should not be vitiated by inordinate delay and latches on the part of the petitioner."
The court also noted that,"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"
Case Title: Sushilabai vs. State of Maharashtra & Ors.
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