Allahabad High Court
SURESH KUMARversusTHE STATE OF U.P AND ANR.
- Decided
- Disposal
- Disposed off/Decided on merits
- Bench
- PANKAJ BHATIA
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
- Code of Criminal Procedure, 1973 — s. 482
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
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