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Allahabad High Court

SMT. ROOPWATIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The appeal is dismissed as not pressed.

Summary

The appellant Smt. Roopwati filed a criminal appeal against the State of U.P. and another respondent. The counsel for the respondents informed the court that at the time of taking cognizance, neither a charge‑sheet nor a final report had been filed, and the investigation against one accused, Netrapal, was still pending. The appellant’s counsel submitted that the appeal should be dismissed as not pressed. The court accepted this submission, finding that the appeal was not pressed because the requisite charge‑sheet/final report was absent. Consequently, the appeal was dismissed as not pressed.

Issues considered

  • Whether an appeal is maintainable when the charge‑sheet or final report has not been filed and the investigation is pending
  • Whether the appeal is considered 'pressed' under criminal procedure law

Subjects

  • criminal procedure
  • appeal
  • not pressed
  • charge-sheet
  • final report
  • cognizance

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                        CRIMINAL APPEAL No. - 687 of 2025

                                    Smt. Roopwati
                                                                                                 .....Appellant(s)
                                                                         Versus

                                    State of U.P. and Another
                                                                                               .....Respondent(s)

                                    Counsel for Appellant(s)           : Shashank Tripathi
                                    Counsel for Respondent(s)          : Ardhendu Shekhar Sharma, G.A., Ram
                                                                         Babu Sharma

                                    Court No. - 93
                                                          HON'BLE SANTOSH RAI, J.

                                    1. Learned counsel for the appellant, learned counsel for opposite party no.2
                                    and learned A.G.A. are present.

                                    2. Learned counsel for opposite party no.2 and learned A.G.A. informed that
                                    at the time of taking of cognizance charge-sheet or final report has not been
                                    filed. The final report was not submitted with regard to one of accused
                                    Netrapal and the investigation was pending at that time. Furthermore, the
                                    final report has been submitted.

                                    3. Learned counsel for the appellant submits that the present appeal may be
                                    dismissed as not pressed.

                                    4. Accordingly, the present appeal is dismissed as not pressed.



                                                                                                (Santosh Rai,J.)
                                    September 30, 2026
                                    Vikas Verma




Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad


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