An application under Section 482 CrPC for extension of an interim order was dismissed for non-prosecution as the appellant was absent. The court vacated the interim order relying on a Supreme Court judgment.
Interim order vacated; application dismissed for non-prosecution.
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Court No. - 59
Case :- APPLICATION U/S 482 No. - 7778 of 2007
Applicant :- H.S.Samundari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Sahai Counsel for Opposite Party :- Govt. Advocate,A.Srivastava
Hon'ble Subhash Vidyarthi,J.
Case called out in the revised list. Nobody is present on behalf of the applicant to press this application.
A perusal of order-sheet indicates that interim order was last extended on 22.02.2008, till the next date of listing.
In view of the judgment of Hon'ble Apex Court in the case of Asian Re-surfacing of Road Agency Vs. Central Bureau of Investigation 2018 (16) S.C.C. 299 , the interim order stands vacated automatically.
The application is dismissed for non-prosecution.
Order Date :- 3.12.2021 SK Goswami
1 issue framed by the court
Whether an interim order issued under Section 482 CrPC needs to be extended or allows the court to permit non-prosecution.
Colour shows how this judgement treated each authority
Asian Re-surfacing of Road Agency Vs. Central Bureau of InvestigationReferred¶7
Asian Re-surfacing of Road Agency Vs. Central Bureau of Investigation 2018 (16) S.C.C. 299 · Who else cites this
H.S. Samundari
State of U.P.
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
