Allahabad High Court
GYAN SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The Court dismissed the application under Section 482 CrPC as no counsel appeared to press it, resulting in a dismissal for want of prosecution.
Summary
Gyan Singh filed an application under Section 482 of the Criminal Procedure Code seeking to quash the charge sheet and the criminal proceedings against him in Criminal Case No. 40 of 2023, which involved offences under Sections 406, 504 and 506 of the IPC. The applicant’s counsel, Kamal Singh, did not appear before the court despite the hearing being listed. The State’s counsel and counsel for the second opposite party were present and highlighted procedural deficiencies. Since no representation was made on behalf of the applicant, the court dismissed the application for want of prosecution. Consequently, any interim order previously granted was vacated and any pending applications were ordered disposed.
Issues considered
- Can an application under Section 482 CrPC be entertained and proceeded with when the applicant’s counsel fails to appear before the court?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 406, 504, 506
Subjects
- Section 482
- quash of charge sheet
- criminal proceedings
- procedural dismissal
- interim order vacated
- court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 10999 of 2023
Gyan Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Kamal Singh
Counsel for Opposite Party(s) : Ashwini Kumar, G.A., Junaid Ahamad, Manoj
Kumar Verma, Meenendra Tripathi, Ram
Milan Dwivedi
Court No. - 76
HON'BLE SAMIT GOPAL, J.
1. List revised. No one appears on behalf of the applicant to press this
application under Section 482 Cr.P.C.
2. Sri V.D. Ojha, learned counsel for the State and Sri Manoj Kumar
Verma, learned counsel for the opposite party no.2 are present.
3. The present application under Section 482 Cr.P.C. has been filed by the
applicant Gyan Singh with the prayers to quash the charge sheet No.1 of
2022, dated 18.11.2022 as well as the entire criminal proceedings of
Criminal Case No. 40 of 2023 (State of U.P. Vs. Gyan Singh) arising out
of Case Crime No. 0121 of 2022, under Sections 406, 504, 506 IPC, P.S.
Sirsa Kalar, District Jalaun as well as summoning and cognizance order
dated 16.01.2023 passed by Judicial Magistrate, Kalpi, District Jalaun,
pending in the said court and with a further prayer to stay the further
proceedings of the aforesaid case, during the pendency of the present
application.
4. Learned counsel for the opposite party no.2 submits that despite order
dated 31.07.2026 no rejoinder affidavit has been served on him to his
counter affidavit. Counter affidavit dated 19.02.2026 of the opposite party
no.2 is on record.
5. 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.
6. Interim order, if any, stands vacated.
7. Pending application(s), if any, shall stand disposed of.
September 23, 2026
M. ARIF
(Samit Gopal,J.)
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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