Dismissed¶16

Balinder Singh and Anr. v. State of U.P. and Anr.

Allahabad HC6 Aug 2025/7422/2017

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application dismissed for want of prosecution; applicants lost interest; interim stay dated 10.11.2017 vacated; liberty to seek recall within thirty days; Criminal Case No. 44 of 2017 (State Vs. Balinder Singh another); Case Crime No. 182 of 2016; Sections 323, 504, 506, 342 IPC; charge sheet dated 4.8.2016; cognizance/summoning order dated 16.3.2017; Judicial Magistrate-I Faizabad; Police Station Kumarganj, District Faizabad; non-prosecution; Allahabad High Court Lucknow Bench; Neutral Citation 2025:AHC-LKO:45940.

What did the court decide?

Quashing prayer not granted; application dismissed for want of prosecution, interim order dated 10.11.2017 vacated, liberty to seek recall within thirty days if cause of action survives, and order to be communicated to the trial court to proceed expeditiously. ¶16

Balinder Singh and Anr. Vs State of U.P. and Anr. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶16

Issue for consideration

Whether the application under Section 482 Cr.P.C., pending since 2017 with an interim stay and with no one appearing for the applicants, should be dismissed for want of prosecution and the interim order vacated (merits of the quashing prayer not decided).

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Ratio / Principle

The application under Section 482 Cr.P.C. is dismissed for want of prosecution, the applicants having apparently lost interest, and the interim order dated 10.11.2017 is vacated.

¶16

Key takeaways

If the cause of action still survives, the applicants are at liberty to approach the Court seeking recall of this order within thirty days.ratio¶17
A copy of the order is to be communicated to the court concerned forthwith so that it may proceed with the criminal case expeditiously in accordance with law.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 29); Application U/S 482 No. 7422 of 2017; Neutral Citation 2025:AHC-LKO:45940; decided 6.8.2025 by Syed Qamar Hasan Rizvi, J. Applicants Balinder Singh and another had sought quashing of the entire proceedings of Criminal Case No. 44 of 2017 (State Vs. Balinder Singh another), arising out of Case Crime No. 182 of 2016, under Sections 323, 504, 506 and 342 IPC, Police Station Kumarganj, District Faizabad, including the charge sheet dated 4.8.2016 and the cognizance/summoning order dated 16.3.2017 of the Judicial Magistrate-I, Faizabad. The petition, pending since 2017 under an interim stay dated 10.11.2017, saw a counter affidavit from respondent no. 2 on 17.5.2024 with no rejoinder, and no appearance for the applicants at the hearing. Holding: the merits were not examined; the application was dismissed for want of prosecution and the interim order vacated, with liberty to seek recall within thirty days if the cause of action survives, and a direction to communicate the order to the trial court so it may proceed expeditiously in accordance with law.

¶1

Neutral Citation No. - 2025:AHC-LKO:45940

¶2

Court No. - 29

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Case :- APPLICATION U/S 482 No. - 7422 of 2017

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Applicant :- Balinder Singh And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Vikas Pandey Counsel for Opposite Party :- Govt. Advocate,Ashok Kumar Shukla

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Hon'ble Syed Qamar Hasan Rizvi,J.

¶6

The present has been taken up in the revised list. No one has appeared on behalf of the applicant to address the Court though Shri Sanjay Maurya, learned A.G.A. for the State and Shri Ashok Kumar Shukla, learned counsel for respondent no. 2 are present.

¶7

The present application under Section 482 Cr.P.C. has been filed in the year 2017 with the prayer to quash/set aside the entire proceedings of Criminal Case No. 44 of 2017 (State Vs. Balinder Singh another) arising out of Case Crime No. 182 of 2016, under Sections 323, 504, 506 and 342 IPC, Police Station Kumarganj, District Faizabad pending in the court of learned Judicial Magistrate-I, Faizabad.

¶8

The present application is pending since 2017. This Court vide order dated 10.l1.2017 passed the following orders:-

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"By filing the petition under Section 482 Cr.P.C.,the applicant has prayed for quashing the charge sheet dated 4.8.2016 and order of cognizance and summoning order dated 16.3.2017 passed by learned Judicial MagistrateI, Faizabad in criminal case No.44 of 2017 arising out of case crime No. 182 of 2016, under Sections 323, 504, 506, 342 IPC, P.S. Kumarganj, District Faizabad.

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Learned counsel for applicant has submitted that a property dispute is pending between the parties in which there was an injunction order. Later on to pressurize the applicant, first information report was lodged and after investigation charge sheet was submitted.

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Issue notice to the respondent No.2 returnable at an early date.

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List after two weeks.

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In light of above contention as raised above, further proceeding of the case is stayed till the next date of listing. "

¶14

Counter affidavit filed on behalf of respondent no. 2 on 17.5.2024 in available on record. However, till date no response to the said counter

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affidavit has been filed. It appears that the applicants have lost interest to pursue the case, hence no useful purpose would be served to keep it pending on the strength of interim order for indefinite period.

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In view of above, application under Section 482 Cr.P.C. is dismissed for want of prosecution. Interim order dated 10.11.2017 is hereby vacated.

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In case, if cause of action still survives, the applicants is at liberty to approach this Court seeking recall of this order, within a period of thirty days from today.

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A copy of this order be communicated to the court concerned forthwith to enable it to proceed with the case expeditiously in accordance with law. Order Date :- 6.8.2025 Virendra

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Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Balinder Singh and Anr. v. State of U.P. and Anr.

Case brief

What is this about?

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Balinder Singh and Anr. v. State of U.P. and Anr.

Case brief

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What the court decided

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