Allahabad High Court
VIPUL MISHRA and OTHERSversusSTATE OF U.P. THRU. SECY. HOME. DEPTT. and ANOTHER
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- SHREE PRAKASH SINGH
Holding
The application under Section 482 is dismissed due to the failure to serve notice on the opposite party.
Summary
The applicants Vipul Mishra and others filed an application under Section 482 of the Criminal Procedure Code (No. 2829 of 2018) before the Allahabad High Court, Lucknow Bench. The application was listed under Chapter 12 Rule 4 of the Allahabad High Court Rules, 1952. The court noted, via an office report dated 24 May 2018, that the applicants’ counsel had failed to serve notice on the second opposite party. Because proper service of notice is a prerequisite for the court to exercise its inherent powers, the court could not proceed with the application. Consequently, the court dismissed the application under the relevant rule. The order was pronounced by Justice Om Prakash Shukla on 14 May 2025.
Issues considered
- Whether the High Court can entertain an application under Section 482 when notice has not been served on the opposite party.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- inherent powers
- service of notice
- application dismissal
- Allahabad High Court Rules
Judgment
Neutral Citation No. - 2025:AHC-LKO:28504
Court No. - 30
Case :- APPLICATION U/S 482 No. - 2829 of 2018
Applicant :- Vipul Mishra And Others
Opposite Party :- State Of U.P. Thru. Secy. Home. Deptt. And
Another
Counsel for Applicant :- Punit Kumar Shukla,Manoj Kumar
Mishra,Vinay Kumar
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Om Prakash Shukla,J.
1. This application is listed under Chapter 12 Rule 4 of the
Allahabad High Court Rules, 1952.
2. As per the office report dated 24.05.2018, learned Counsel
for the applicants has not taken steps for service of notice upon
the opposite party No.2.
3. Accordingly, the application under Chapter 12 Rule 4 is
hereby dismissed.
(Om Prakash Shukla, J.)
Order Date :- 14.5.2025
-Piyush-
Digitally signed by :-
PIYUSH YADAV
High Court of Judicature at Allahabad,
Lucknow Bench
Checking your session…