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Allahabad High Court

SMT. ANUPAMA SINGHversusTHE STATE OF U.P AND ANR.

Decided
Disposal
Allowed/Partly Allowed on merits/Granted

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


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