The High Court, treating the application under section 482 CrPC as infructuous due to lack of petitioner participation, dismissed the plea and stayed proceedings but allowed recall within three months.
Application dismissed; order may be recalled within three months upon filing application and personal affidavit.
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Court No. - 54
Case :- APPLICATION U/S 482 No. - 6717 of 2005
Applicant :- Atiqur Rahman Opposite Party :- State Of U.P. Counsel for Applicant :- Raghuraj Kishore Counsel for Opposite Party :- Govt. Advocate
Hon'ble Rahul Chaturvedi,J.
This matter has been listed in the category of infructuous cases. A notice has also been pasted on the Notice Board requiring the lawyers or their clerks to mark the surviving cases, if at all there are any, and give necessary information in this regard. Yet there is no information given on behalf of the applicant in any form to the office or the Bench Secretary that the matter is still surviving. It appears that by the efflux of time the matter has been rendered infructuous and that is why the same is not being pursued or pressed any more.
In the aforesaid circumstances, the application stands dismissed.
However, it is made clear that in case the learned counsel for the applicant has any instructions that the matter is still surviving, he can move an application for recalling the above order within a period of three months from today. For the said purpose, the said application must be filed alongwith the personal affidavit of the applicant certifying that the matter is still surviving.
Order Date :- 7.4.2018 Rmk.
Atiqur Rahman
Rahul Chaturvedi
As recorded by the court registry
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