Dismissed¶11

Shanti Devi v. State of U.P. and Others

Allahabad HC12 Dec 2023A482/44375/2012

Case brief

AI extract

What is this about?

Section 482 CrPC quashing application dismissed as infructuous and for non-prosecution; applicant and opposite party no.2 absent, learned A.G.A. Prem Prakash Tiwari present for State; complaint under Sections 147/148/149/323/395/452/504/506 IPC and Section 3(1)(10) SC/ST Act; summoning order dated 10.11.2011 by Judicial Magistrate-I Bhadohi, Gyanpur summoning opp. party nos.2 to 10 under Sections 147, 323, 452, 504, 506 IPC; Criminal Revision No.13 of 2012 dismissed 23.08.2012; notices issued 18.01.2013, no interim order; P.S. Suriyawan, District Sant Ravidas Nagar, Bhadohi; Neutral Citation 2023:AHC:235570.

What did the court decide?

With the lapse of time, no interim order having been passed and nobody appearing to pursue it, the application under Section 482 Cr.P.C. had become infructuous and nobody was interested in pursuing the same.

Shanti Devi Vs State of U.P. and Others — Allahabad HC (2023) — LawSathi Research

¶1

Neutral Citation No. - 2023:AHC:235570

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 44375 of 2012

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Applicant :- Shanti Devi Opposite Party :- State of U.P. and Others Counsel for Applicant :- Vidya Kant Tripathi,S.L. Pandey,Vikas Kumar Counsel for Opposite Party :- Govt. Advocate,K.K.Tripathi,K.S.Shukla

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Hon'ble Anish Kumar Gupta,J.

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None appears for the applicant as well as opposite party no.2. Sri Prem Prakash Tiwari, learned A.G.A. for the State is present.

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The instant application under Section 482 Cr.P.C. has been filed seeking quashing of order dated 23.08.2012 passed in Criminal Revision No.13 of 2012 (Shanti Devi Vs. State of U.P. and others) and seeking direction to the court below to summon the opposite parties in Complaint Case No.985 of 2010 (Shanti Devi Vs. Bhola Tiwari and others), under Sections 148, 149, 395 I.P.C. and Section 3(1)(10) S.C./S.T. Act, P.S. - Suriyawan, District - Sant Ravidas Nagar, Bhadohi.

¶8

From perusal of record, it appears that a compliant was filed by applicant raising various allegations against the opposite parties with regard to the offences under Sections 147, 148, 149, 323, 504, 506, 452, 395 I.P.C. and Sections 3(1)(10) SC/ST Act. After recording statements under Section 200 and 202 Cr.P.C., vide order dated 10.11.2011, the Judicial Magistrate - I, Bhadohi, Gyanpur has summoned the opposite party nos.2 to 10 for the offences under Sections 147, 323, 452, 504, 506 I.P.C. Against the said order, Criminal Revision No.13 of 2012 was filed by the applicant, which was also dismissed vide order dated 23.08.2012. Since, the trial court as well as the revisional court did not find force on the allegations made in the complaint from the statements recorded under Sections 200 and 202 Cr.P.C. with regard to the other offences including the provisions of SC/ST Act.

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In the instant application, vide order dated 18.01.2013, notices were issued to the opposite parties and they have put in appearance and no interim order was passed in favour of the applicants in the instant case, therefore, due to the lapse of time, the instant

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application appears to have become infructuous and nobody is interested in pursuing the same.

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As it is apparent that nobody is appearing on behalf of the applicant to press the instant application, therefore, the instant application is dismissed being infructuous as well as for nonprosecution.

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Order Date :- 12.12.2023 Atul

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Shanti Devi v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

Shanti Devi v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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