Allahabad High Court

KUNWAR DIVYANKAR PRATAP SINGHversusTHE STATE OF U.P THRU SECY. HOME LUCKNOW AND ANR.

Decided: 9 September 2026
Disposal: Allowed/Partly Allowed on merits/Granted

Holding

The application under Section 482 is dismissed as it has become infructuous.

Summary

Kunwar Divyankar Pratap Singh filed an application under Section 482 of the Criminal Procedure Code (No. 248 of 2014) before the Allahabad High Court seeking relief against the State of Uttar Pradesh. The matter was listed as a ‘case not to be adjourned’, but the applicant’s counsel did not appear. The court observed that, due to the passage of time and the applicant’s non‑appearance, the application had become infructuous. Consequently, the High Court dismissed the application as infructuous and vacated any interim order that may have been in force. The applicant was granted liberty to file a recall application within eight weeks if a cause of action still existed, and the order was to be communicated to the trial court.

Issues considered

Whether the application under Section 482 of the CrPC is maintainable despite the applicant’s non‑appearance and the lapse of time.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482

Subjects

Section 482
infructuous
high court inherent powers
application dismissal
delay
recall application

Judgment

Neutral Citation No. - 2023:AHC-LKO:67788

Court No. - 28

Case :- APPLICATION U/S 482 No. - 248 of 2014

Applicant :- Kunwar Divyankar Pratap Singh
Opposite Party :- The State Of U.P Thru Secy. Home
Lucknow And Anr.
Counsel for Applicant :- Vinod Kumar Shahi
Counsel for Opposite Party :- Govt. Advocate

Hon'ble Shree Prakash Singh,J.

1. This Case is listed under the head of 'Cases not to be
adjourned'.

2. Case called out. None present for applicant.

3. Sri Aniruddha Singh, learned A.G.A.-I for the State is
present.

4. It seems that by efflux of time, matter has become
infructuous.

5. The application is dismissed as having become infructuous.

6. Interim order, if any, is vacated.

7. The applicant is given liberty to file recall application within
a period of eight weeks, if they feel that cause of action still
survives.

8. This order shall be communicated to the trial court concerned
forthwith.

9. Consigned to the records.

Order Date :- 16.10.2023

Ram Murti

Digitally signed by :-
RAM MURTI YADAV
High Court of Judicature at Allahabad,
Lucknow Bench

Continue reading with your account

Checking your session…