Allahabad High Court
SMT. ANUPAMA SINGHversusTHE STATE OF U.P AND ANR.
- Decided
- Disposal
- Allowed/Partly Allowed on merits/Granted
- Bench
- PANKAJ BHATIA
Holding
The application is dismissed as infructuous due to the efflux of time.
Summary
The applicant, Smt. Anupama Singh, filed an application under Section 482 of the Code of Criminal Procedure, No. 6683 of 2013, against the State of U.P. The High Court observed that a considerable lapse of time had occurred since the filing in 2013. It was held that the delay indicated either a loss of interest by the applicant or that the matter had become infructuous. Consequently, the Court dismissed the application as infructuous. However, the Court granted liberty to the applicant to move a fresh application for recall of the order if the present application still survives. The order was dated 24 November 2022 and directed to be communicated to the lower court.
Issues considered
- Whether the application under Section 482 is maintainable after a long delay.
- Whether the application should be dismissed as infructuous.
Subjects
- Section 482
- inherent jurisdiction
- delay
- infructuous
- dismissal
- recall
Judgment
Court No. - 16
Case :- APPLICATION U/S 482 No. - 6683 of 2013
Applicant :- Smt. Anupama Singh
Opposite Party :- The State Of U.P And Anr.
Counsel for Applicant :- Abhishek Kumar Singh
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Brij Raj Singh,J.
Case called out. None appeared.
The matter pertains to the year 2013.
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 :- 24.11.2022
Anurag, APS
Digitally signed by ANURAG SINGH
Date: 2022.11.24 18:07:16 IST
Reason:
Location: High Court of Judicature
at Allahabad, Lucknow Bench
Checking your session…