The court dismissed an application under Section 482 Cr.P.C. filed in 2009 for want of prosecution, noting that over 11 years had elapsed, rendering the matter infructuous or the parties uninterested. An interim order stood vacated.
Application dismissed for want of prosecution; interim order vacated.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 13001 of 2009
Applicant :- Virendra Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Tiwari Counsel for Opposite Party :- Govt. Advocate,Prashant Kumar Singh,V.N. Mishra
Hon'ble Sameer Jain,J.
List has been revised. None present on behalf of the applicant to press the present application. Learned counsel for the opposite party no.2 is also not present. Learned A.G.A. for the Staterespondent is present.
The present application is of the year 2009. More than 11 years have already been elapsed.
It appears that by efflux of time, either the parties have lost their interest or the matter has become infructuous.
In view thereof, the present application under Section 482 Cr.P.C. is dismissed for want of prosecution.
Interim order, if any, stands vacated.
In case, if cause of action still survives, then applicant may approach this Court to recall this order.
Order Date :- 26.11.2021
Ankita
1 issue framed by the court
Whether an application for recall of arrest order filed after more than 11 years should be entertained due to loss of interest or efflux of time.
1 provisions across 1 enactments
Virendra Maurya
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
