Allahabad High Court
ASLAM KHAN @ KAYYUM KHAN and ORS.versusSTATE OF U.P. THRU. PRIN. SECY. HOME and ANR.
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- SHREE PRAKASH SINGH
Holding
The application under Section 482 is dismissed for want of prosecution.
Summary
The petitioners, Aslam Khan and others, filed an application under Section 482 of the Criminal Procedure Code (No. 6824 of 2017) seeking relief against the State of Uttar Pradesh. The matter, originally filed in 2017, was listed before the Lucknow Bench of the Allahabad High Court on 28 January 2025. No representative appeared on behalf of the petitioners, while the respondent was represented by the Government Advocate. The Court observed that the petition had become infructuous due to the passage of time and the petitioners' apparent loss of interest. Consequently, the application was dismissed for want of prosecution, with a direction that the petitioners may file a fresh application within eight weeks if the cause of action still subsists. The order was to be communicated to the trial court concerned.
Issues considered
- Whether the High Court should entertain an application under Section 482 of the CrPC when the petition has remained dormant for several years and no party appears to prosecute it.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure Code
- Section 482
- High Court inherent jurisdiction
- Dismissal for want of prosecution
- Application
- Delay
Judgment
Neutral Citation No. - 2025:AHC-LKO:5667
Court No. - 28
Case :- APPLICATION U/S 482 No. - 6824 of 2017
Applicant :- Aslam Khan @ Kayyum Khan And Ors.
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Anr.
Counsel for Applicant :- Devki Nandan Srivastava,Abhishek
Srivastava,Monika Dwivedi
Counsel for Opposite Party :- Govt. Advocate,Pawan Kumar Mishra
Hon'ble Brij Raj Singh,J.
Case called out in revised-list.
No one is present for the applicants.
Sri Sujit Srivastava, Advocate, holding brief of Sri Pawan
Kumar Mishra, Advocate, is present for the respondent.
It is an old matter of the year 2017. It appears that the matter
has become infructuous by the efflux of time or the applicants
have lost interest in it. The petition is accordingly dismissed for
want of prosecution.
In case the case of action survives, the applicants may file an
application within 8 weeks for recall of this order.
Office shall communicate this order to the trial court concerned.
(Brij Raj Singh, J.)
Order Date :- 28.1.2025
A.Nigam
Digitally signed by :-
ANUJ NIGAM
High Court of Judicature at Allahabad,
Lucknow Bench
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