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Allahabad High Court

SHIV SHANKAR AND OTHERSversusSTATE OF U.P. AND ANR.

Decided
Disposal
Disposed off/Decided on merits

Holding

The application is dismissed for want of prosecution.

Summary

The applicants filed an application under Section 482 of the Criminal Procedure Code in 2016 seeking relief against the State of U.P. The application remained pending for several years. No counsel appeared on behalf of the applicants, while the State's counsel was present. The High Court observed that the application was extremely old and, due to lack of prosecution, dismissed it. Consequently, any interim order that may have been in force was vacated.

Issues considered

  • Whether an application under Section 482 Cr.P.C. filed in 2016 can be entertained after a prolonged delay

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Dismissal for want of prosecution
  • High Court

Judgment

                                                            Neutral Citation No. - 2024:AHC-LKO:55575

                                         Court No. - 30

                                         Case :- APPLICATION U/S 482 No. - 3845 of 2016

                                         Applicant :- Shiv Shankar And Others
                                         Opposite Party :- State Of U.P. And Anr.
                                         Counsel for Applicant :- Babu Ram Shukla
                                         Counsel for Opposite Party :- Govt. Advocate,Amit
                                         Tripathi,Arun Kumar

                                         Hon'ble Om Prakash Shukla,J.

                                         1. Case called out in the revised list.

                                         2. None appears on behalf of the applicant(s).

                                         3. Learned AGA for State-respondent is present.

                                         4. Since this application under Section 482 Cr.P.C. is quite old
                                         and pertains to the year 2016, it is accordingly, dismissed for
                                         want of prosecution.

                                         5. Interim order, if any, shall stand vacated.

                                         Order Date :- 12.8.2024
                                         Renu/-




Digitally signed by :-
RENU AGARWAL
High Court of Judicature at Allahabad,
Lucknow Bench


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