Created by Fuzzy Cloud

Allahabad High Court

SURESH KUMARversusTHE STATE OF U.P AND ANR.

Decided
Disposal
Disposed off/Decided on merits

Holding

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

Summary

Suresh Kumar filed an application under Section 482 of the Criminal Procedure Code seeking relief against the State of U.P. The matter was listed as a case not to be adjourned, but the applicant failed to appear while the State's learned A.G.A. was present. The Court observed that, due to the passage of time, the application had become infructuous. Consequently, the application was dismissed on the ground of infructuity. The Court, however, granted the applicant liberty to file a recall application within eight weeks if he believes the cause of action still subsists. The order was recorded and the case consigned to the records.

Issues considered

  • Whether an application under Section 482 of the CrPC can be entertained when the cause of action has become infructuous due to delay.

Legislation cited

Subjects

  • Section 482
  • Inherent powers of High Court
  • Infructuous application
  • Procedural delay
  • Recall application

Judgment

                                                           Neutral Citation No. - 2023:AHC-LKO:60268

                                         Court No. - 28

                                         Case :- APPLICATION U/S 482 No. - 3689 of 2011

                                         Applicant :- Suresh Kumar
                                         Opposite Party :- The State Of U.P And Anr.
                                         Counsel for Applicant :- Durga Prasad Verma
                                         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. Smt Nusrat Jahan, learned A.G.A. 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. The applicant is given liberty to file recall application within
                                         a period of eight weeks, if he feels that cause of action still
                                         survives.

                                         7. Consigned to records.

                                         Order Date :- 19.9.2023
                                         Mayank




Digitally signed by :-
MAYANK PRATAP SINGH
High Court of Judicature at Allahabad,
Lucknow Bench


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.