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Allahabad High Court

HITLER SINGH AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 482 Cr.P.C. was dismissed for non‑prosecution due to the lack of representation by the applicants.

Summary

The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash the charge-sheet dated 25.01.2023 and the cognizance order dated 01.03.2023 in a criminal case pending before the Chief Judicial Magistrate, Shamli. The application was supported by counsel but no representative appeared on behalf of the applicants during the hearing. The court noted that the opposite party had been served notice but also failed to appear. In the absence of any representation from the applicants, the court dismissed the Section 482 application for non‑prosecution and vacated any interim order that had been granted. The order was directed to be communicated to the concerned court within three weeks, and any pending applications were disposed of.

Issues considered

  • Whether an application under Section 482 Cr.P.C. can be entertained and decided in the absence of any representation by the applicants.

Legislation cited

Subjects

  • Section 482
  • quashment of criminal proceedings
  • non‑prosecution
  • dismissal of application
  • criminal procedure

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                        APPLICATION U/S 482 No. - 23613 of 2023

                                    Hitler Singh And 4 Others
                                                                                                            .....Applicant(s)
                                                                                Versus
                                    State of U.P. and Another
                                                                                                       .....Opposite Party(s)

                                    Counsel for Applicant(s)                    :   Lavkush Dixit, Prashant Kumar Dubey
                                    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 u/s 482
                                    Cr.P.C. despite the fact that there are two learned counsels appearing in the matter.
                                    Sri Ram Prakash Shukla, learned counsel for the State is present.

                                    3. Vide order dated 02.09.2025 notice was issued to the opposite party no. 2. As per
                                    the office report dated 23.03.2026 notice has been served personally upon the opposite
                                    party no. 2. Despite service of notice, no one appears on behalf of the opposite party
                                    no.2.

                                    4. The present application under Section 482 Cr.P.C. has been filed by the applicants-
                                    Hitler Singh, Jeet Singh, Kolab, Smt. Usha Devi and Sonu @ Harendra Panwarn, with
                                    the prayer to allow the present application and quash the entire proceeding as well as
                                    charge-sheet dated 25.01.2023 & cognizance order dated 01.03.2023 in Case Crime
                                    No. 020 of 2023, under Sections 147, 323, 504, 506 I.P.C., Police Station Kairana,
                                    District Shamli, pending in the court of Chief Judicial Magistrate, Shamli, with a
                                    further prayer that proceedings of the aforesaid case be stayed.

                                    5. Since there is no representation from the side of the applicants, the present
                                    application under Section 482 Cr.P.C. is dismissed for non prosecution.

                                    6. Interim order, if any, stands vacated.

                                    7. Office is directed to communicate this order to the concerned court within three
                                    weeks from today.

                                    8. Pending application (s), if any, shall stand disposed of.

                                    September 8, 2026
                                    AS Rathore
                                                                                                          (Samit Gopal,J.)




Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad


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