Allahabad High Court

MOHD. NADEEM ALIAS RAJUversusSTATE OF U.P. AND ANOTHER

Decided: 22 September 2026
Bench: SAMIT GOPAL

Holding

The application under Section 482 is dismissed for want of prosecution due to the absence of representation for the applicant.

Summary

The applicant, Mohd Nadeem alias Raju, filed an application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 09.03.2017 passed under Section 245(2) CrPC and to stay criminal proceedings under Sections 498-A, 323 and 504 IPC. The application also requested that the interim order be vacated. No counsel appeared on behalf of the applicant to press the application, even after a revised list was issued. The High Court observed that an application under Section 482 cannot be entertained without representation of the applicant. Consequently, the Court dismissed the application for want of prosecution. The interim order was vacated and any pending applications were ordered to stand disposed.

Issues considered

Can an application under Section 482 CrPC be entertained when the applicant is not represented before the Court?
Whether the order passed under Section 245(2) CrPC can be quashed in the absence of representation.

Legislation cited

Code of Criminal Procedure, 1973 — s. 245(2), 482
Indian Penal Code — s. 323, 498-A, 504

Subjects

Section 482
quash order
want of prosecution
interim order vacated
criminal procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                   APPLICATION U/S 482 No. - 10660 of 2018

Mohd. Nadeem Alias Raju
                                                               .....Applicant(s)
                                   Versus

State of U.P. and Another
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)               :    Sayyed Kashif Abbas Rizvi
Counsel for Opposite Party(s)          :    G.A.

Court No. - 76
                       HON'BLE SAMIT GOPAL, J.

1. List revised.



2. No one appears on behalf of the applicants to press this application
under Section 482 Cr.P.C.

3. Sri Ajay Singh, learned AGA-I for the State is present.

4. The present application under Section 482 Cr.P.C. has been filed by the
applicant Mohd Nadeem @ Raju with the prayers to quash the
impugned corder dated 09.03.2017 passed U/s 245(2) Cr.P.C. as well as
to close the entire proceedings so far as the applicant is concerned arising
out of Case No. 18 of 2016, pending before Civil Judge (S.D.), Court
No.1/ACJM, Moradabad, under Sections 498-A, 323, 504 IPC and with a
further prayer to stay the entire proceedings of the aforesaid case, during
the pendency of the present application.

5. Perused the order dated 30.03.2026.

6. Since there is no representation on behalf of the applicant to press this
application U/s 482 Cr.P.C. even in the revised, the same is dismissed for
want of prosecution.

7. Interim order, if any, stands vacated.

8. Pending application(s), if any, shall stand disposed of.

9. Registrar (Compliance) to communicate this order to the concerned
trial court forthwith.


                                                              (Samit Gopal,J.)
                                                             A482 No. 10660 of 2018
                                                         2
                                    September 23, 2026
                                    M. ARIF




Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad

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