Allahabad High Court
MOHD NADEEM @ RAJU AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The application under Section 482 CrPC is dismissed for want of prosecution.
Summary
The applicants, Mohd Nadeem @ Raju and Mohd Faheem, filed an application under Section 482 of the Criminal Procedure Code seeking to quash a charge sheet dated 08.03.2019 and the subsequent order of cognizance, as well as to stay all related criminal proceedings pending before the Additional Chief Judicial Magistrate in Moradabad. The application also requested a stay of proceedings under Sections 498-A, 323, 504, 506 of the IPC and Sections 3/4 of the D.P. Act. No counsel appeared on behalf of the applicants to argue the application. The court noted the absence of representation and, after reviewing the earlier order dated 30.03.2026, dismissed the application for want of prosecution. Consequently, any interim orders were vacated and the matter was disposed of.
Issues considered
- Whether an application under Section 482 CrPC can be entertained and decided in the absence of any representation by the applicants.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- D.P. Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- Section 482 CrPC
- quash of charge sheet
- stay of criminal proceedings
- absence of representation
- dismissal for want of prosecution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 21937 of 2023
Mohd Nadeem @ Raju And Another
.....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
applicants Mohd Nadeem @ Raju and Mohd. Faheem with the prayers
to quash the impugned charge sheet dated 08.03.2019 in Case Crime No.
581 of 2018 as well as its order of cognizance dated 20.05.2019 passed in
Criminal Case No. 3793 of 2019 (State of U.P. Vs. Nadeem) and all other
consequential proceedings, pending before the learned ACJM, Court
No.1, Moradabad, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P.
Act, P.S. Nagphani, District Moradabad 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 applicants 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.
September 23, 2026
M. ARIF
(Samit Gopal,J.)
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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