Allahabad High Court
PRAMOD GIRIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The application under Section 482 Cr.P.C. was dismissed due to the applicant's non‑appearance and lack of representation.
Summary
The applicant, Pramod Giri, filed an application under Section 482 of the Criminal Procedure Code seeking to quash the criminal proceedings (Complaint Case No. 5843 of 2019) pending before the Additional Civil Judge, Meerut, and to stay the summoning order dated 16‑02‑2021. The court noted that no counsel appeared on behalf of the applicant despite the presence of three learned counsels in the matter, and that notice to the opposite party No. 2 had been duly served. Since the applicant failed to appear or be represented, the court dismissed the application on the ground of non‑prosecution. Consequently, any interim order was vacated and any pending applications were ordered to stand disposed. The order was communicated to the trial court for necessary action.
Issues considered
- Whether an application under Section 482 Cr.P.C. can be entertained when the applicant fails to appear or be represented in court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- Criminal Procedure Code
- quash of criminal proceedings
- non‑prosecution
- notice service
- application dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 37366 of 2023
Pramod Giri
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Alok Kumar Gupta
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. No one appears on behalf of the applicant to press this application even
in the revised list despite the fact that there are three learned counsels
appearing in the matter. Sri Ajay Singh, learned A.G.A.-I for the State is
present.
3. Notice was issued to the opposite party no. 2 vide order dated
03.11.2023. Office vide its report dated 23.4.2024 has reported that notice
has been served personally on the opposite party no. 2. Service of notice
is thus sufficient. Despite service no one appears on behalf of opposite
party no. 2 even in the revised list.
4. The present application under Section 482 Cr.P.C. has been filed by the
applicant with the prayer to quash the proceedings of Complaint Case
No.5843 of 2019, Sachin Jain vs. Pramod Giri, including summoning
order dated 16.2.2021 passed by Additional Civil Judge (S.D.)/A.C.J.M.,
Court No. 7, Meerut under Sections 420, 406, 504, 506 I.P.C., Police
Station T.P. Nagar, District Meerut pending in the court of Additional
Civil Judge (S.D.)/A.C.J.M., Court No. 7, Meerut with further prayer to
stay the further proceedings including the summoning order in the
aforesaid case during pendency of this application.
5. Since there is no representation on behalf of the applicants, the present
application is dismissed in non prosecution.
A482 No. 37366 of 2023
2
6. Interim order, if any, stands vacated.
7. Pending application(s), if any, shall stand disposed of.
8. Registrar (Compliance) to communicate this order to the concerned
trial court/District Judge for information and necessary action within two
weeks.
(Samit Gopal,J.)
May 12, 2026
Naresh
Digitally signed by :-
NARESH KUMAR
High Court of Judicature at Allahabad
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