The High Court dismissed the application under Section 482 CrPC as infructuous because no one appeared for the applicants to press the matter, the cause of action may no longer survive, and no prima facie case for interference was found.
Application under Section 482 CrPC dismissed as infructuous.
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 6778 of 2007
Applicant :- K.K. Mishra And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kr. Srivastava 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 2007.
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 applicants 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 application is dismissed as infructuous.
Order Date :- 8.12.2021
RPD
2 issues framed by the court
Whether the present application under Section 482 of the Criminal Procedure Code, 1973, needs to be decided on merits.
Whether the applicants can make out a case to justify interference by this Court by granting the reliefs prayed for.
K.K. Mishra And Others
State of U.P. and Another
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
