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Allahabad High Court

JITENDRA KUSHWAHAversusState of U.P. AND ANOTHER

Decided

Holding

The application under Section 482 CrPC is dismissed for non‑prosecution due to the applicant’s failure to appear.

Summary

The applicant, Jitendra Kushwaha, filed an application under Section 482 of the Criminal Procedure Code seeking to quash a summoning order dated 7 February 2024 issued by the Civil Judge (Offence Against Women) in a criminal case involving allegations under Sections 498A, 323, 504 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The application also requested a stay of further proceedings pending the decision. Despite three counsels being listed for the applicant, none appeared before the High Court. The court noted the absence of representation and dismissed the application on the ground of non‑prosecution. Consequently, any interim order was vacated and any pending applications were ordered to stand disposed.

Issues considered

  • Whether the High Court can entertain and decide an application under Section 482 CrPC to quash a summoning order when the applicant is not represented in court.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Non‑prosecution
  • Summons
  • Representation

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
         APPLICATION U/S 528 BNSS No. - 37536 of 2024

Jitendra Kushwaha
                                                 .....Applicant(s)
                              Versus

State Of U.P. And Another
                                                     .....Opposite
                                                           Party(s)

Counsel for Applicant(s)      : Hari Om Ojha, Nidhi Ojha,
                                Rishi Kant Rai
Counsel for Opposite Party(s) : G.A.

Court No. - 75
                   HON'BLE SAMIT GOPAL, J.

1. List revised.

2. No one appears on behalf of the applicant to press this
application even in the revised call despite the fact that there
are three learned counsels appearing in the matter. Sri Bade Lal
Bind, learned counsel for the State is present. Perused the
record.

3. The present application under Section 482 Cr.P.C. has been
filed by the applicant to quash the impugned summoning order
dated 7.2.2024 passed by the Civil Judge J.D./F.T.C.-First
(Offence Against Women), Kushinagar, in Misc. Application
No.16740 of 2023, Smt. Jyoti Kushwaha vs. Jitendra
Kushwaha and others, under Sections 498A, 323, 504 I.P.C.
and 3/4 D.P. Act. It is further prayed to stay the further
proceedings of the said case during pendency of this
application.

4. Since there is no representation on behalf of the applicant to
press this application even in the revised list, the same is
dismissed in non prosecution.

5. Interim order, if any, stands vacated.

6. Pending application(s), if any, shall stand disposed of.
                                                                                   NA528 No. 37536 of 2024
                                                               2


                                        7. Registrar (Compliance) to communicate this order to the
                                        concerned court within two weeks.

                                                                                  (Samit Gopal,J.)

                                        May 5, 2026
                                        Naresh




Digitally signed by :-
NARESH KUMAR
High Court of Judicature at Allahabad


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