Allahabad High Court
MANOJ KUMAR DWIVEDIversusSTATE OF U.P. and OTHERS
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 482 is dismissed as infructuous.
Summary
The applicant, Manoj Kumar Dwivedi, filed an application under Section 482 of the Criminal Procedure Code seeking the Court's interference in a matter pending since 2005. No counsel appeared for the applicant, while the State's Additional Government Advocate was present. The Court observed that the cause of action appears to have either ceased to exist or the applicant has lost interest, rendering the application infructuous. Upon reviewing the pleadings and reliefs sought, the Court found the applicant unable to establish a case warranting the Court's inherent jurisdiction. Consequently, the application was dismissed as infructuous.
Issues considered
- Whether the application under Section 482 CrPC is maintainable when the cause of action has ceased or become infructuous.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- Inherent jurisdiction
- Infructuous application
- Cause of action
- Civil procedure
- Dismissal
Judgment
Court No. - 77 Case :- APPLICATION U/S 482 No. - 17653 of 2005 Applicant :- Manoj Kumar Dwivedi Opposite Party :- State of U.P. and Others Counsel for Applicant :- Dharmendra Singhal,Santosh Dwivedi Counsel for Opposite Party :- Govt. Advocate Hon'ble Gautam Chowdhary,J. Case called out in revised list. No one is present on behalf of applicant to press this application. However, learned A.G.A. for the State is present. The matter is an old one pending since 2005. It appears that either the cause of action no more survives or the applicant has lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits and that is why, counsel for applicant is absent. However, I have gone through the pleadings, grounds as also reliefs sought and find that the applicant not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for. In view of the above, the present application is dismissed as infructuous. Order Date :- 13.12.2021 S.Ali
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