Allahabad High Court
ABDUL MOHID KHAN and ANR.versusSTATE OF U.P. and ANR.
- Decided
- Disposal
- Dismissed on merits/Rejected
- Bench
- BRIJ RAJ SINGH
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
- Code of Criminal Procedure, 1973 — s. 482
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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