Allahabad High Court
AKHILESH GUPTAversusTHE STATE OF U.P AND ANR .
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- MANJIVE SHUKLA
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
- Code of Criminal Procedure, 1973 — s. 482
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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