Allahabad High Court
AKBAR ALIversusSTATE OF U.P. THRU. DISTRICT MAGISTRATE BAHRAICH and ORS.
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- ZAFEER AHMAD
Holding
The application under Section 482 Cr.P.C. is dismissed for want of prosecution.
Summary
Akbar Ali filed an application under Section 482 of the Criminal Procedure Code seeking relief against the State of U.P. The High Court noted that neither the applicant nor the second opposite party were present, though the Government Advocate appeared. The Court found that the application was not prosecuted and therefore could not be entertained. Consequently, the application was dismissed and the interim order previously granted was vacated. The order was directed to be communicated to the trial court immediately.
Issues considered
- Whether an application under Section 482 Cr.P.C. can be entertained when there is no prosecution of the application.
- Whether the interim order previously granted should remain in force.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Dismissal for want of prosecution
- Interim order vacated
- High Court
Judgment
Neutral Citation No. - 2025:AHC-LKO:31805
Court No. - 29
Case :- APPLICATION U/S 482 No. - 7294 of 2017
Applicant :- Akbar Ali
Opposite Party :- State Of U.P. Thru. District Magistrate Bahraich
And Ors.
Counsel for Applicant :- Kamal Kant Singh,Ravindra Nath Mishra
Counsel for Opposite Party :- Govt. Advocate,Amrendra Singh
Hon'ble Shree Prakash Singh,J.
Case is called out in the revised list.
None is present on behalf of the applicant as well as for
opposite party no. 2.
Learned AGA for the State is present.
In view of the above, the instant application U/s 482
Cr.P.C. is dismissed for want of prosecution.
Interim order, if any, stands vacated.
Office is directed to communicate this order to the trial
court concerned, forthwith.
Consigned to the records.
Order Date :- 27.5.2025
kkv/
Digitally signed by :-
KRISHAN KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench
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