Allahabad High Court

SANTOSH KUMAR PANDEY and ANOTHERversusSTATE OF U.P. and ANOTHER

Decided: 9 February 2026
Disposal: Disposed off/Decided on merits
Bench: BRIJ RAJ SINGH

Holding

The court held that the application was infructuous and dismissed it, while allowing liberty to move a recall application.

Summary

In an application under Section 482 of the Code of Criminal Procedure (No. 5308 of 2012), the petitioners Santosh Kumar Pandey and another sought relief against the State of U.P. and another. No parties appeared before the court. The court observed that, owing to the passage of time since 2012, the petitioners appeared to have lost interest or the matter had become infructuous. Consequently, the court dismissed the application as infructuous. However, the court granted the petitioners liberty to file an appropriate application for recall of the order if the application still survives. The order was dated 23 November 2022 and directed to be communicated to the concerned lower court.

Issues considered

Whether the application under Section 482 is maintainable after a prolonged lapse of time
Whether the court can dismiss the application as infructuous

Subjects

Section 482
inherent powers
infructuous
dismissal
recall application

Judgment

                                     Court No. - 16

                                     Case :- APPLICATION U/S 482 No. - 5308 of 2012

                                     Applicant :- Santosh Kumar Pandey And Another
                                     Opposite Party :- State of U.P. and Another
                                     Counsel for Applicant :- Arunendra Mohan Shukla,Prasant
                                     Arora
                                     Counsel for Opposite Party :- Govt. Advocate,Arshad Ahsan
                                     Siddiqui

                                     Hon'ble Brij Raj Singh,J.

                                     Case called out. None appeared.

                                     The matter pertains to the year 2012.

                                     It appears that by efflux of time either the applicant has lost
                                     interest to pursue the matter or matter has become infructuous.

                                     It is accordingly dismissed as having become infructuous.

                                     However, liberty is granted to the applicant to move an
                                     appropriate application for recall of this order in case the
                                     application still survives.

                                     Office is directed to indicate the order passed today to the
                                     concerned Court below.

                                     Order Date :- 23.11.2022
                                     Anurag, APS




Digitally signed by ANURAG SINGH
Date: 2022.11.23 17:37:19 IST
Reason:
Location: High Court of Judicature
at Allahabad, Lucknow Bench

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