Created by Fuzzy Cloud

Allahabad High Court

RAM VISHAL TIWARI AND ANR.versusTHE STATE OF U.P AND ANR.

Decided
Disposal
Allowed/Partly Allowed on merits/Granted

Holding

The application under Section 482 is dismissed for want of prosecution due to the ten‑year delay.

Summary

The applicants, Ram Vishal Tiwari and another, filed an application under Section 482 of the Criminal Procedure Code (No. 4638 of 2013) against the State of Uttar Pradesh and another. No counsel appeared on behalf of the applicants to press the application, while the State was represented by its Additional Government Advocate. The High Court noted that the application had been pending for about ten years. Owing to this inordinate delay and the lack of prosecution, the Court rejected the application for want of prosecution. Consequently, any interim order that had been passed was vacated.

Issues considered

  • Whether an application under Section 482 of the CrPC can be entertained after a delay of ten years.
  • Whether the failure of the applicants to appear and prosecute the application warrants its dismissal.

Legislation cited

Subjects

  • Section 482
  • inherent powers
  • want of prosecution
  • delay
  • High Court
  • application dismissal

Judgment

                                                            Neutral Citation No. - 2023:AHC-LKO:78829

                                         Court No. - 11
                                         Case :- APPLICATION U/S 482 No. - 4638 of 2013
                                         Applicant :- Ram Vishal Tiwari And Anr.
                                         Opposite Party :- The State Of U.P And Anr.
                                         Counsel for Applicant :- Ajeet Kumar Mishra
                                         Counsel for Opposite Party :- Govt. Advocate,Jay Prakash
                                         Singh Vats

                                         Hon'ble Saurabh Lavania,J.

                                         Case called out.

                                         No one appeared on behalf of the applicants to press the
                                         application.

                                         Learned A.G.A. is present on behalf of the State-respondents.

                                         The case pertains to the year 2013.

                                         Considering the aforesaid particularly the period of pendency of
                                         application i.e. about ten years, the application is rejected for
                                         want of prosecution.

                                         Interim order, if any, stands vacated.

                                         Order Date :- 30.11.2023
                                         Mohit Singh




Digitally signed by :-
MOHIT 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.