Allahabad High Court
SHIV PRATAP SINGHversusTHE STATE OF U.P AND ANR.
- Decided
- Disposal
- Disposed off/Decided on merits
- Bench
- PANKAJ BHATIA
Holding
The application is dismissed as having become infructuous.
Summary
Shiv Pratap Singh filed an application under Section 482 of the Criminal Procedure Code (No. 5689 of 2012) seeking relief against the State of Uttar Pradesh. The High Court observed that, owing to the passage of time, the matter had become infructuous and there was no longer any live cause of action. Consequently, the Court dismissed the application and vacated any interim order that had been in force. The Court, however, allowed the applicant a limited window of eight weeks to file a recall application if he could demonstrate that a cause of action still existed. The order was directed to be communicated to the trial court immediately.
Issues considered
- Whether the application under Section 482 is maintainable given the lapse of time.
- Whether the cause of action still subsists, rendering the application infructuous.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- inherent jurisdiction
- Section 482
- infructuous application
- procedural delay
- high court order
Judgment
Neutral Citation No. - 2023:AHC-LKO:60672
Court No. - 28
Case :- APPLICATION U/S 482 No. - 5689 of 2012
Applicant :- Shiv Pratap Singh
Opposite Party :- The State Of U.P And Anr.
Counsel for Applicant :- Pankaj Verma
Counsel for Opposite Party :- Govt. Advocate,A S Parihar
Hon'ble Shree Prakash Singh,J.
Case called out. None present for applicant.
Smt Nusrat Jahan, learned A.G.A. for the State is present.
It seems that by efflux of time, matter has become infructuous.
The application is dismissed as having become infructuous.
Interim order, if any, stands vacated.
The applicant is given liberty to file recall application within a
period of eight weeks, if he feels that cause of action still
survives.
Office is directed to communicate this order to the trial Court
concerned forthwith.
Consigned to records.
Order Date :- 20.9.2023
Anurag
Digitally signed by :-
ANURAG SINGH
High Court of Judicature at Allahabad,
Lucknow Bench
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