Allahabad High Court

SMT. SHAHIDA KHATOON and ANOTHERversusSTATE OF U.P. and ANOTHER

Decided: 21 April 2026
Disposal: Dismiss other than merit(DD/Non Prosec./Abated)
Bench: KRISHNA SWAROOP DHAR DWIVEDI SENIOR REGISTRAR CONF

Holding

The application under Section 482 is dismissed as infructuous and for want of prosecution.

Summary

The petitioners, Smt. Shahida Khatoon and another, filed an application under Section 482 of the Criminal Procedure Code (No. 8325 of 2009) against the State of U.P. and another. The matter had been pending since 2009 and, at the time of hearing, no counsel appeared to press the application. The court observed that the prolonged delay likely extinguished the cause of action and rendered the application infructuous. Consequently, the application was dismissed for want of prosecution and as infructuous. The interim order previously granted was vacated, and the trial court was directed to be informed of this order within one month.

Issues considered

Whether an application under Section 482 can be entertained after a prolonged lapse of time.
Whether the application is infructuous and should be dismissed for want of prosecution.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482

Subjects

Section 482
inherent powers of High Court
infructuous application
delay in prosecution
criminal procedure

Judgment

Court No. - 92

Case :- APPLICATION U/S 482 No. - 8325 of 2009

Applicant :- Smt. Shahida Khatoon And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vinod Kr. Agrawal
Counsel for Opposite Party :- Govt. Advocate,Krishna Mohan
Asthana

Hon'ble Krishan Pahal,J.

Case called out. No one appears to press this application even in
the revised call.

Sri S.S. Tripathi, learned AGA is present for the State-
Respondents.

The matter is very old and is pending since 2009. It appears that
by efflux of time either cause of action no more survives or for
any other reason, the matter has rendered infructuous, that is
why none is present to press this application.

Accordingly, the application is dismissed as infructuous as well
as for want of prosecution.

Interim order, if any, stands vacated.

Office is directed to intimate the Trial Court concerned about
this order within a period of one month.

Order Date :- 15.12.2021
Shalini

Continue reading with your account

Checking your session…