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Allahabad High Court

AKHILESH GUPTAversusTHE STATE OF U.P AND ANR .

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The application is dismissed as having become infructuous.

Summary

The applicant, Akhilesh Gupta, filed an application under Section 482 of the Criminal Procedure Code seeking to quash proceedings. The application was listed before the Allahabad High Court, Lucknow Bench, but the applicant failed to appear. The court observed that, due to the passage of time, the matter had become infructuous and therefore moot. Consequently, the application was dismissed as infructuous and any interim order previously granted was vacated. The court allowed the applicant a liberty to file a recall application within eight weeks if he believes a cause of action still exists, and directed the office to communicate the order to the trial court.

Issues considered

  • Whether the application under Section 482 CrPC is maintainable when the cause of action has become infructuous.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Petition
  • Infructuous
  • Dismissal

Judgment

                                                           Neutral Citation No. - 2023:AHC-LKO:64971

                                         Court No. - 28

                                         Case :- APPLICATION U/S 482 No. - 7132 of 2013

                                         Applicant :- Akhilesh Gupta
                                         Opposite Party :- The State Of U.P And Anr .
                                         Counsel for Applicant :- Ashok Kumar Pandey
                                         Counsel for Opposite Party :- Govt. Advocate,Poonam
                                         Narayan,Yogendra Nath Yadav

                                         Hon'ble Shree Prakash Singh,J.

                                         Case called out. None present for applicant.

                                         Sri Aniruddha Singh, learned A.G.A.-I for the State is present.

                                         It seems that by efflux of time, matter has become infructuous.

                                         The application is dismissed as having become infructuous.

                                         Interim order, if any, stands vacated.

                                         The applicant is given liberty to file recall application within a
                                         period of eight weeks, if he feels that cause of action still
                                         survives.

                                         Office is directed to communicate this order to the trial court
                                         concerned forthwith.

                                         Consigned to records.

                                         Order Date :- 6.10.2023
                                         Mayank




Digitally signed by :-
MAYANK PRATAP SINGH
High Court of Judicature at Allahabad,
Lucknow Bench


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