Allahabad High Court

SURENDRA KUMAR GUPTAversusSTATE OF U.P. AND ANOTHER

Decided: 7 May 2026
Disposal: Dismiss other than merit(DD/Non Prosec./Abated)
Bench: KRISHNA SWAROOP DHAR DWIVEDI SENIOR REGISTRAR CONF

Holding

The application under Section 482 Cr.P.C. is dismissed for want of prosecution.

Summary

The applicant, Surendra Kumar Gupta, filed an application under Section 482 of the Criminal Procedure Code in 2009 seeking the exercise of the court's inherent powers. The matter was listed before Hon'ble Justice Sameer Jain, but no counsel appeared on behalf of the applicant, while the State's advocate was present. More than eleven years had elapsed since the filing, and the court observed that the parties appeared to have lost interest and the matter had become infructuous. Consequently, the court dismissed the application for want of prosecution. The interim order, if any, was vacated, and the court indicated that the applicant could approach the court again if a cause of action still survived.

Issues considered

Whether an application under Section 482 Cr.P.C. can be entertained after an inordinate delay of over eleven years.
Whether the court should dismiss the application for want of prosecution due to lack of representation and apparent loss of interest.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482

Subjects

Criminal Procedure
Section 482
delay
dismissal
inherent powers of court
want of prosecution

Judgment

Court No. - 93

Case :- APPLICATION U/S 482 No. - 34506 of 2009

Applicant :- Surendra Kumar Gupta
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Manoj Kr. Srivastava
Counsel for Opposite Party :- Govt. Advocate

Hon'ble Sameer Jain,J.

List has been revised. None present on behalf of the applicant to
press the present application. Learned A.G.A. for the State-
respondent is present.

The present application is of the year 2009. More than 11 years
have already been elapsed.

It appears that by efflux of time, either the parties have lost their
interest or the matter has become infructuous.

In view thereof, the present application under Section 482
Cr.P.C. is dismissed for want of prosecution.

Interim order, if any, stands vacated.

In case, if cause of action still survives, then applicant may
approach this Court to recall this order.

Order Date :- 17.12.2021
AK Pandey

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