Allowed

Pratap Singh and Others v. State of U.P. and Another

Allahabad HC10 Aug 2022A482/26754/2007

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court quashed the criminal proceedings against applicants. The court noted the respondent's apparent lack of interest and absence despite notice service, finding no useful purpose in continuing the prosecution.

What did the court decide?

The proceeding of the case against the applicants is hereby quashed and the present application is allowed.

Pratap Singh and Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 26754 of 2007

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Applicant :- Pratap Singh And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Gautam Chowdhary,J.

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Case called out in revised list. None appears on behalf of applicants as well as opposite party no.2. However, learned A.G.A. is present.

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From perusal of the report of the Chief Judicial Magistrate, Farrukhabad dated 15.02.2008 it appears that notice issued to opposite party no.2 has been dully served to opposite party no.2. As per office report dated 26.07.2022 notice has been dully served on opposite party no.2.

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The present 482 Cr.P.C. application has been filed to quash the Complaint Case No. 161 of 2008 (Lala Ram Vs. Pratap Singh and Ors.), under Sections 323, 504, 506, 354 I.P.C., Police Station Kamalganj, District Farrukhabad, pending in the court of Judicial Magistrate, Hawali, Fatehgarh, Farrukhabad.

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From perusal of the complaint it appears that both the parties are of the same village and there is material contradiction in the version of the complainant and statements recorded under Sections 200 and 202 Cr.P.C. and learned court below has summoned the applicants to face trial.

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Insofar as opposite party no. 2 is concerned, he has apparently lost his interest in the matter, inasmuch as despite service of notice, none has put appearance in the present proceedings on his behalf.

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Learned A.G.A. does not dispute the aforesaid facts.

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In view of the fact that despite service of notice opposite party no.2 has not appeared before this court, it appears that opposite party no.2 does not want to contest the present case, no useful purpose would be served in allowing the prosecution to continue any longer.

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Thus, in view of this Court the proceeding of the aforesaid case against the applicants is hereby quashed.

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The present application is accordingly allowed.

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Order Date :- 10.8.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.08.11 17:43:51 IST Reason: Location: High Court of Judicature at Allahabad

Pratap Singh and Others v. State of U.P. and Another

Case brief

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Pratap Singh and Others v. State of U.P. and Another

Case brief

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