The single judge dismissed the Section 482 CrPC application for want of prosecution, noting over 11 years had elapsed. The court held the matter may have become infructuous and vacated any interim order, allowing revival if cause of action survives.
Application dismissed for want of prosecution and interim order vacated.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 1873 of 2009
Applicant :- Subhash Alias Deo Brat Tiwari And Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- S.P.K. Tripathi Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sameer Jain,J.
List has been revised. None present on behalf of the applicants to press the present application. 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 applicants may approach this Court to recall this order.
Order Date :- 22.11.2021 AK Pandey
1 issue framed by the court
Whether an application under Section 482 Cr.P.C. can be dismissed for want of prosecution after more than 11 years due to efflux of time and absence of applicants.
1 provisions across 1 enactments
Subhash Alias Deo Brat Tiwari And Others
State Of U.P.',
Sameer Jain
AK Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
