A writ petition under Section 482 Cr.P.C. was dismissed because applicant Narottam Chaubey died and applicant Vrindaban was absent. The court held the matter infructuous and directed authorities to proceed with the case.
Application for quashing proceedings dismissed.
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Court No. - 81
Case :- APPLICATION U/S 482 No. - 3874 of 2005
Applicant :- Narottam Chaubey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Chaturvedi Counsel for Opposite Party :- Govt. Advocate,Sandeep Agarwal
Hon'ble Umesh Chandra Sharma,J.
List revised.
No one is present on behalf of applicants.
Office report dated 07.08.2023 shows that applicant no.1 Narottam Chaubey has died.
Office is directed to mention "deceased" against name of applicant no.1 Narottam Chaubey in the array of parties. So far as, applicant no.2 Vrindaban is concerned it has been reported that he was in Dubai and notice was served upon his son Vabhav but none has come forward on his behalf.
In the aforesaid circumstances, it appears that matter has been infructuous from the end of applicant, therefore they are not pursuing this application.
Accordingly, this application under Section 482 Cr.P.C. is dismissed.
Office to inform A.C.M-III Mathura to proceed with the case impugned in this petition.
Order Date :- 7.8.2023 Imtiyaz
Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether the high court should decide the application on merits or dismiss it due to lack of respondent presence and death of a petitioner.
1 provisions across 1 enactments
Narottam Chaubey
Vrindaban
State of U.P.
Umesh Chandra Sharma
Imtiyaz Ahmad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
