Allahabad High Court
RAJDEEP SRIVASTAVAversusSTATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
- Decided
- Disposal
- Allowed/Partly Allowed on merits/Granted
Holding
The application under Section 482 is dismissed for want of prosecution and the interim protection is vacated.
Summary
The applicant, Rajdeep Srivastava, filed an application under Section 482 of the Criminal Procedure Code seeking continuation of interim protection that had been granted during mediation. The matter was referred to the Mediation and Conciliation Center, which reported that no settlement was reached and the interim protection had been extended. No counsel appeared on behalf of the applicant to argue the application. The Court noted the applicant’s failure to prosecute the application. Accordingly, the Court dismissed the application for want of prosecution and vacated the interim protection. The order was directed to be communicated to the trial court.
Issues considered
- Whether the application under Section 482 should be entertained despite the applicant’s non‑appearance
- Whether the interim protection granted during mediation should continue in the absence of a settlement and prosecution of the application
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- inherent powers of High Court
- interim protection
- mediation
- non‑appearance
- dismissal for want of prosecution
Judgment
Neutral Citation No. - 2025:AHC-LKO:29550
Court No. - 12
Case :- APPLICATION U/S 482 No. - 3975 of 2024
Applicant :- Rajdeep Srivastava
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
And Another
Counsel for Applicant :- Surendra Kumar Tripathi,Hari
Krishna Srivastava,Nishant Singh,Sweta Swarankar
Counsel for Opposite Party :- G.A.,Amit Singh,Anand
Kumar,Bal Keshwar Srivastava,Kanchan Sinha,Yagh Pratap
Singh
Hon'ble Alok Mathur,J.
1. Case called out. No one appears for the applicant. Learned
A.G.A. for the State of U.P. as well Aniket Srivastava, Advocate
holding brief of Sri Bal Keshwar Srivastava, learned counsel for
opposite party no. 2, are present.
2. Perusal of order sheet indicates that by means of order dated
01.05.2024, matter was referred to the Mediation Center and
interim protection was granted to the applicant. The report of
Mediation and Conciliation Center of this Court dated
23.09.2024, is available on record. As per report of Mediation
center, no settlement agreement could be arrived at between the
parties and since then the interim protection granted to the
applicant is being extended.
3. In the aforesaid circumstances, and specially considering the
fact that no one has appeared on behalf of applicant to argue the
case, present application stands dismissed for want of
prosecution.
4. Interim protection which was granted to the applicant during
the process of mediation, stands vacated.
5. Learned A.G.A. is directed to communicate this order to the
trial Court forthwith.
Order Date :- 19.5.2025
A. Verma
(Alok Mathur, J.)
Digitally signed by :-
ANURAG VERMA
High Court of Judicature at Allahabad,
Lucknow Bench
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