Dampi v. State of U.P.
Case brief
What is this about?
Defect No. 555 of 2017 criminal revision filed by Dampi against the State of U.P. The High Court dismissed the petition as infructuous due to the revisionist's absence and lack of sustained cause of action.
What the court decided
Court No. - 87
Case :- CRIMINAL REVISION DEFECTIVE No. - 555 of 2017
Revisionist :- Dampi Opposite Party :- State of U.P. Counsel for Revisionist :- Bashir Ahmad Khan Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
Case called out in revised list. No one is present on behalf of revisionist to press this revision. However, learned A.G.A. for the State is present.
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 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 revisionist has 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 revisionist is absent.
However, I have gone through the pleadings, grounds as also reliefs sought and find that the applicant 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.
Issues for consideration
2 issues framed by the court
Whether the revision petition is maintainable or has become infructuous in the absence of the revisionist.
Whether the High Court should exercise its inherent powers to modify the impugned order.
Parties & counsel
- applicant
Dampi
- respondent
State of U.P.
Coram
Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- CRLRD/555/2017
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