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Allahabad High Court

ABDUL MOHID KHAN and ANR.versusSTATE OF U.P. and ANR.

Decided
Disposal
Dismissed on merits/Rejected

Holding

The application under Section 482 is dismissed for want of prosecution.

Summary

The applicants filed an application under Section 482 of the Criminal Procedure Code in 2016 seeking quashment of proceedings. No counsel appeared on behalf of the applicants, while the State's counsel was present. The High Court observed that the application was extremely old and there was no prosecution of the matter. Consequently, the Court dismissed the application for want of prosecution and vacated any interim order that may have been in force. The order was directed to be communicated to the trial court immediately.

Issues considered

  • Whether an application under Section 482 CrPC filed in 2016 can be entertained after a prolonged lapse of time without prosecution.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quashment of proceedings
  • Delay
  • Want of prosecution
  • Interim order vacated

Judgment

                                                            Neutral Citation No. - 2024:AHC-LKO:83108

                                         Court No. - 30

                                         Case :- APPLICATION U/S 482 No. - 6536 of 2016

                                         Applicant :- Abdul Mohid Khan And Anr.
                                         Opposite Party :- State Of U.P. And Anr.
                                         Counsel for Applicant :- Anand Dubey,Dev Prakash
                                         Mishra,Mukesh Kumar Singh,Sushant Singh
                                         Counsel for Opposite Party :- Govt. Advocate,Kalika Prasad
                                         Pandey

                                         Hon'ble Om Prakash Shukla,J.

                                         1. Case called out in the revised list.

                                         2. None appears on behalf of the applicants.

                                         3. Learned A.G.A. for State-respondents is present.

                                         4. Since this application is quite old and pertains to the year
                                         2016, it is accordingly, dismissed for want of prosecution.

                                         5. Interim order, if any, stands vacated.

                                         6. Office is directed to send a copy of this order to the trial court
                                         concerned forthwith.



                                                                                   (Om Prakash Shukla,J.)

                                         Order Date :- 11.12.2024
                                         Gurpreet Singh




Digitally signed by :-
GURPREET SINGH
High Court of Judicature at Allahabad,
Lucknow Bench


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