Application under Section 482 CrPC seeking quashing of a 2014 criminal complaint under Sections 406, 504 and 506 IPC, pending since 2017. With no appearance by the applicant in the revised list, the court dismissed the application for want of prosecution and vacated the interim order protecting him from coercive steps.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2025:AHC-LKO:45952
Court No. - 29
Case :- APPLICATION U/S 482 No. - 7806 of 2017
Applicant :- Mohd. Aslam Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Zaid Arshad,Sheikh Wali-Uz Zaman Counsel for Opposite Party :- Govt. Advocate
Hon'ble Syed Qamar Hasan Rizvi,J.
"Heard the learned counsel for the applicant and the learned A.G.A. for the State and also perused the record.
It has been contended by the learned counsel for the applicant that the applicant is a conductor of the UPSRTC bus. The allegation against him is that he took money from the opposite party no.2 but did not give any ticket. The police after investigation did not find any offence and accordingly submitted final report. However, the opposite party no.2 filed protest petition upon which the learned Magistrate did not accept the final report and straight away issued process against the applicant and one Ram Singh under Sections 406, 504 and 507 IPC.
The submission on behalf of the applicant is that the allegations made in the FIR itself make the entire prosecution story doubtful. The opposite party no.2 is a practicing Advocate and because of some altercation, the present complaint was filed.
Issue notice to the opposite party no.2 returnable within three weeks.
List after service of notice.
Till the next date of listing, no coercive steps shall be taken against the applicant. "
Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the Section 482 application to quash complaint proceedings should be dismissed for want of prosecution after eight years of pendency and non-appearance.
2 provisions across 2 enactments
Mohd. Aslam
State Of U.P.
Syed Qamar Hasan Rizvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
