Allahabad High Court
SUDHEER KUMARversusSTATE OF U.P. and ORS.
- Decided
- Disposal
- Dismissed on merits/Rejected
- Bench
- BRIJ RAJ SINGH
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
- Code of Criminal Procedure, 1973 — s. 482
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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