In an unopposed hearing, the High Court dismissed an old application under Section 482 CrPC as infructuous, noting no cause of action and the applicant's absence.
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. - 83
Case :- APPLICATION U/S 482 No. - 8644 of 2008
Applicant :- Brahmswaroop And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Dhar Pandey Counsel for Opposite Party :- Govt. Advocate,Dhiresh Kumar
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 2008.
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 applicants 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 applicant is absent.
However, I have gone through the pleadings, grounds as also reliefs sought and find that the applicantsare 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 :- 17.8.2022
RPD
Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.08.18 17:42:01 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
whether the application under Section 482 CrPC is maintainable when the applicant is absent and the matter appears infructuous
Brahmswaroop And Others
Gautam Chowdhary J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
