In this Section 482 CrPC application filed in 2007 where no parties appeared after 13 years, despite the State's advocate being present, the Court held the matter infructuous and dismissed the application for want of prosecution.
The application under Section 482 Cr.P.C. was dismissed for want of prosecution; interim order vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 84
Case :- APPLICATION U/S 482 No. - 19634 of 2007
Applicant :- Gulam Moinuddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhay Raj Singh Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sameer Jain,J.
List has been revised. None present for the parties to press this application though learned A.G.A. for the State is present.
The present application is of the year 2007. More than 13 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 the cause of action still survives then applicant can move recall application for recalling this order.
Order Date :- 17.11.2021 AK Pandey
3 issues framed by the court
Whether a Section 482 CrPC application filed in 2007, where no party appeared despite the advocate for the State being present, can be maintained after more than 13 years.
Whether the matter has become infructuous due to the long delay.
Whether to dismiss the application for want of prosecution.
Gulam Moinuddin
State of U.P.
Another
Sameer Jain J.
AK Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
