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Allahabad High Court

SUDHEER KUMARversusSTATE OF U.P. and ORS.

Decided
Disposal
Dismissed on merits/Rejected

Holding

The application is dismissed for want of prosecution and the interim order is vacated.

Summary

Sudheer Kumar filed an application under Section 482 of the Criminal Procedure Code (No. 221 of 2017) seeking relief against the State of U.P. and others. The matter was listed before the Lucknow Bench of the Allahabad High Court, but the application remained pending for several years. The court observed that the application was “quite old” having been filed in 2017 and noted a lack of prosecution of the petition. Consequently, the court dismissed the application for want of prosecution and vacated any interim order that had been earlier granted. No substantive merits of the underlying dispute were addressed.

Issues considered

  • Whether an application under Section 482 filed in 2017 can be entertained after a prolonged lapse.
  • Whether the interim order, if any, should continue in view of the delay.

Legislation cited

Subjects

  • Section 482
  • inherent powers
  • want of prosecution
  • application dismissed
  • interim order vacated

Judgment

                                                            Neutral Citation No. - 2024:AHC-LKO:83091

                                         Court No. - 30

                                         Case :- APPLICATION U/S 482 No. - 221 of 2017

                                         Applicant :- Sudheer Kumar
                                         Opposite Party :- State Of U.P. And Ors.
                                         Counsel for Applicant :- Syed Mohammad Abuzar Zaid,Atul
                                         Kumar Trivedi
                                         Counsel for Opposite Party :- Govt. Advocate,Vinay Kant
                                         Shukla

                                         Hon'ble Om Prakash Shukla,J.

                                         1. Case called out in the revised list.

                                         2. None appears on behalf of the applicant.

                                         3. Learned A.G.A. for State-respondents as well as learned
                                         counsel for private respondents is present.

                                         4. Since this application is quite old and pertains to the year
                                         2017, it is accordingly, dismissed for want of prosecution.

                                         5. Interim order, if any, stands vacated.



                                                                                   (Om Prakash Shukla,J.)

                                         Order Date :- 11.12.2024
                                         Gurpreet Singh




Digitally signed by :-
GURPREET SINGH
High Court of Judicature at Allahabad,
Lucknow Bench


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