Allahabad High Court
RAM VISHAL TIWARI AND ANR.versusTHE STATE OF U.P AND ANR.
- Decided
- Disposal
- Allowed/Partly Allowed on merits/Granted
- Bench
- PANKAJ BHATIA
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
- Code of Criminal Procedure, 1973 — s. 482
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
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