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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)

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

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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