In absence of the revisionist pressing the revision, the High Court found that the petitioners could not make out a case for interference. The revision was dismissed as infructuous.
Revision dismissed as infructuous.
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Court No. - 87
Case :- CRIMINAL REVISION No. - 2407 of 2014
Revisionist :- Ashish @ Biba Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sudhir Dixit,Anupam Shyam Dwivedi,Smt. Richa Dixit
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Dr. Gautam Chowdhary,J.
Case called out in revised list. No one is present on behalf of the revisionist to press this revision. However, learned A.G.A. for the State is present.
The matter is an old one pending since 2014.
It is well settled that powers under section 397/401 Cr.P.C. cannot be exercised where the allegations are required to be proved in Court of law. Inherent powers under section 397/401 Cr.P.C 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 revisionists 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 the revisionist is absent.
However, I have gone through the pleadings, grounds as also reliefs sought and find that the revisionists 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 revision is dismissed as infructuous.
Order Date :- 10.11.2022 RPD
Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.11.15 18:14:47 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to interfere in the pending criminal revision.
1 provisions across 1 enactments
Dr. Gautam Chowdhary
As recorded by the court registry
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