Allahabad High Court
GYANENDRA KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The application under Section 482 Cr.P.C. is dismissed for want of prosecution.
Summary
The applicant, Gyanendra Kumar, filed an application under Section 482 of the Criminal Procedure Code seeking to quash a summoning order dated 17‑02‑2023 and the pending criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881. The matter was referred to the Court’s Mediation Centre, which reported that the applicant failed to deposit the required money and therefore no notice could be issued. On the hearing date, no counsel appeared on behalf of the applicant to press the application. The Court noted the absence of representation and the lack of compliance with the mediation order, and consequently dismissed the application for want of prosecution. The interim order previously granted was vacated and any pending applications were ordered disposed.
Issues considered
- Whether the High Court can entertain and grant relief under Section 482 Cr.P.C. to quash the summoning order and criminal proceedings in the absence of representation by the applicant.
- Whether the applicant’s failure to comply with the Mediation Centre’s order warrants dismissal of the Section 482 application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Section 482
- quash order
- Criminal Procedure Code
- Negotiable Instruments Act
- Section 138
- mediation
- non‑appearance
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 36042 of 2023
Gyanendra Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sheshadri Trivedi
Counsel for Opposite Party(s) : G.A., Rahul Kumar Sharma
Court No. - 76
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. No one appears on behalf of the applicant to press this application
under Section 482 Cr.P.C.
3. Sri Triveni Saran Rai, learned counsel for the State and Sri Rahul
Kumar Sharma, learned counsel for the opposite party no.2 are present.
4. Office to trace out the vakalatnama of Sri Rahul Kumar Sharma and
place it on record make a note in the order sheet about it.
5. The present application under Section 482 Cr.P.C. has been filed by the
applicant Gyanendra Kumar with the prayers to quash the impugned
summoning order dated 17.02.2023 passed by learned Additional Chief
Judicial Magistrate, Hathras and entire proceeding of Complaint Case No.
681 of 2022, under Section 138 of the Negotiable Instruments Act, 1881,
P.S. Sasani, District Hathras, pending in the said court and with a further
prayer to stay the effect and operation of the aforesaid order, during the
pendency of the present application.
6. The matter was referred to the Mediation Centre of this Court vide
order dated 31.10.2023. The office through its report dated 18.04.2026
has placed on record a report of the Mediation Centre on perusal of which
goes to show that the Mediation Centre through its report dated
28.02.2024 has reported that the applicant was required to deposit the
money before the Mediation but has not complied with the Court's order
regarding deposit till 27.02.2024 and thus notice could not be issued to
the parties by the Mediation Centre.
7. Today since there is no representation on behalf of the applicant to
press this application U/s 482 Cr.P.C. even in the revised, the same is
dismissed for want of prosecution.
A482 No. 36042 of 2023
2
8. Interim order, if any, stands vacated.
9. Pending application(s), if any, shall stand disposed of.
(Samit Gopal,J.)
September 18, 2026
M. ARIF
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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