Disposed

Mahesh Chaudhrey and Others v. State of U.P. and Another

Allahabad HC22 Jul 2021A482/467/2007

Case brief

AI extract

What is this about?

The Court disposed of an application under Section 482 Cr.P.C. filed to quash older orders in criminal and civil cases. Due to the expiration of applicants and their total absence after notice, the Court found no purpose in pending the matter and discharged an earlier interim order.

What did the court decide?

The application is disposed of, and the earlier interim order stands discharged.

Mahesh Chaudhrey and Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2021)

¶1

Court No. - 86 Case :- APPLICATION U/S 482 No. - 467 of 2007

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Applicant :- Mahesh Chaudhrey And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Indrabhan Singh,Anoop Kumar Counsel for Opposite Party :- Govt. Advocate,Shailendra Kumar Pandey

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Hon'ble Umesh Kumar,J.

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As per the report dated 14.5.2019 of the C.J.M. Basti, the applicants no. 1 to 3 have expired and notice upon applicants no. 4 to 6 have been affected through heirs and personally. Despite sufficient notice none has appeared on their behalf.

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Sri Shailendra Kumar Pandey, the learned counsel for opposite party no.2 is present.

¶6

Heard and perused the record.

¶7

The present application has been filed with a prayer to quash the order dated 8.12.2006 passed by Additional Sessions Judge, Court No. 7, Basti, in Criminal Revision No. 148 of 2004 (Mahesh Chaudhrey and others Vs. State of U.P. and Another) as well as order dated 2.4.2004 passed by learned Additional Chief Judicial Magistrate, Court No. 10, Basti, in Case No. 283/12/03 (Vinod Kumar Vs. Mahesh Chaudhrey and Others). Further proeceedings of aforesaid cases have also been prayed to be stayed. complaint case no. 8463 of 2005 (M/s Utkarshani Metals Vs. M/s. Vorka Exports) under Section 138 of Negotiable Instruments Act, pending in the Court of Additional Civil Judge.

¶8

Having gone through the record, I do not find any manifest error or otherwise illegality, procedural or otherwise, so as to justify interference in the application under Section 482 of the Cr.P.C. Moreover, no one is present on behalf of the applicants to address the Court and matter pertains to the year 2007, it seems like the applicants are least interested in final disposal of the application and no purpose would be served keeping the application pending.

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In view of the above, the application is disposed of.

¶10

Interim order, granted earlier, stands discharged.

¶11

Order Date :- 22.7.2021 S.Verma

Mahesh Chaudhrey and Others v. State of U.P. and Another

Case brief

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Mahesh Chaudhrey and Others v. State of U.P. and Another

Case brief

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What the court decided

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