Allahabad High Court
SMT. SEEMA DEVI AND ANR.versusSTATE OF U.P. THRU. SECY. DEPTT. OF HOME GOVT. OF UP and ORS
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- SHREE PRAKASH SINGH
Holding
The application under Section 482 is dismissed for want of prosecution, and any interim order is vacated.
Summary
The petitioners, Smt. Seema Devi and another, filed an application under Section 482 of the Criminal Procedure Code (No. 2391 of 2016) before the Allahabad High Court, Lucknow Bench, seeking relief against the State of Uttar Pradesh. The matter was listed for hearing on 5 August 2024, but no counsel appeared on behalf of the petitioners to press the application, while the Additional Government Advocate was present. The Court observed that the application was extremely stale, having been filed in 2016, and noted the lack of prosecution of the suit. Consequently, the Court dismissed the application for want of prosecution. The Court also vacated any interim order that might have been in force.
Issues considered
- Whether an application under Section 482 of the CrPC filed in 2016 can be entertained in 2024 despite the lapse of time
- Whether the application should be dismissed for want of prosecution
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- inherent powers of High Court
- want of prosecution
- stale application
- interim order vacated
- high court procedure
Judgment
Neutral Citation No. - 2024:AHC-LKO:53623
Court No. - 30
Case :- APPLICATION U/S 482 No. - 2391 of 2016
Applicant :- Smt. Seema Devi And Anr.
Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Govt.
Of Up And Ors
Counsel for Applicant :- Rajeev Singh
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Om Prakash Shukla,J.
1. Case called out in revised list.
2. None appears on behalf of the applicant to press this
application. Learned Additional Government Advocate for
the State is present.
3. Since the present application is quite old and pertains to
the year 2016, it is dismissed for want of prosecution.
Interim order, if any, stands vacated.
(Om Prakash Shukla, J.)
Order Date :- 5.8.2024
Ajit
Digitally signed by :-
AJIT KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench
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