In an outstanding Article 226 application, the applicant was absent. The court found the application infructuous as the applicants could not make out a case for interference, leading to dismissal.
Application under Section 482 of CrPC dismissed as infructuous.
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 14581 of 2008
Applicant :- Meharban Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- Govt. Advocate
Hon'ble Gautam Chowdhary,J.
Case called out in revised list. No one is present on behalf of applicants to press this application. However, learned A.G.A. for the State is present.
The matter is an old one pending since 2008.
It is well settled that powers under Article 226 of Constitution of India cannot be exercised where the allegations are required to be proved in Court of law. Inherent powers under Article 226 of Constitution of India could be exercised by the High Court either to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
It appears that either the cause of action no more survives or the petitioners have lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits and that is why, counsel for applicant/petitioners is absent.
However, I have gone through the pleadings, grounds as also reliefs sought and find that the applicants are not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.
In view of the above, the present is dismissed as infructuous.
Order Date :- 26.11.2021
RPD
1 issue framed by the court
Whether the inherent powers under Article 226 of the Constitution of India warrant interference to grant the reliefs prayed for.
Meharban Singh And Another
Hon'ble Gautam Chowdhary,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
