Allahabad High Court
RAM DEEN AND ANR.versusTHE STATE OF U.P AND ANR.
- Decided
- Disposal
- Disposed off/Decided on merits
- Bench
- PANKAJ BHATIA
Holding
The application is dismissed as having become infructuous.
Summary
Ram Deen and another filed an application under Section 482 of the Criminal Procedure Code against the State of Uttar Pradesh. The matter was listed as a non‑adjournable case, but the applicants did not appear. The court observed that, due to the passage of time, the application had become infructuous. Consequently, the application was dismissed. The court, however, allowed the applicants to file a recall application within eight weeks if they believed the cause of action still existed. The order was recorded and the matter consigned to the records.
Issues considered
- Whether the application under Section 482 is maintainable after a lapse of time
- Whether the application has become infructuous
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- inherent powers
- infructuous
- delay
- recall application
Judgment
Neutral Citation No. - 2023:AHC-LKO:60268
Court No. - 28
Case :- APPLICATION U/S 482 No. - 1158 of 2012
Applicant :- Ram Deen And Anr.
Opposite Party :- The State Of U.P And Anr.
Counsel for Applicant :- D.P Verma
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Shree Prakash Singh,J.
1. This Case is listed under the head of 'Cases not to be
adjourned.'
2. Case called out. None present for applicants.
3. Smt Nusrat Jahan, learned A.G.A. for the State is present.
4. It seems that by efflux of time, matter has become
infructuous.
5. The application is dismissed as having become infructuous.
6. The applicants are given liberty to file recall application
within a period of eight weeks, if they feel that cause of action
still survives.
7. Consigned to records.
Order Date :- 19.9.2023
Mayank
Digitally signed by :-
MAYANK PRATAP SINGH
High Court of Judicature at Allahabad,
Lucknow Bench
Checking your session…