Kushal Pal and Others v. State of U.P. and Others

Court No. - 69 Case :- APPLICATION U/S 482 No. - 5407 of 2002 Applicant :- Kushal Pal And Others Opposite Party :- State of U.P. and Others Counsel for Applicant :- C.M. Shukla,Ganesh Shankar Dubey,Puneet Kumar Shukla Counsel for Opposite Party :- Govt. Advocate,P. Dikshit Hon'ble Samit Gopal,J.

¶1Sri Dasrathi Das, holding brief of Sri Ganesh Shankar Dubey, appears for the applicants, Sri P. Dixit, appears for opposite party no. 3 and Sri Ajay Singh, learned A.G.A.-I for the State are present.

¶2The records have been perused.

¶3Learned counsel for applicants again prays for an adjournment in the matter.

¶4On 27.10.2023 the following order was passed by this Court:- "1. List revised.

¶2Sri Rishabh Baghel holding brief of Sri G.S. Dubey, learned counsel for the applicants, Sri P. Dixit, learned counsel for the opposite party no.3 and Sri Ajay Singh, learned A.G.A-I for the State are present.

¶3Sri Rishabh Baghel, Advocate states that G.S. Dubey, learned counsel for the applicants, is unwell and as such the matter be adjourned for ten days.

¶4Learned counsel for the opposite party no.3 and learned A.G.A submits that the present petition is totally misconceived as the prayer made in the petition is only for stay of proceedings and coercive action but there is no final prayer.

¶5Since there is a request for adjournment on the ground of illness, the same is allowed for today.

¶6Let the matter be listed on 8.11.2023 peremptorily."

¶5The matter was directed to be listed peremptorily today.

¶6In view of this previous order the matter cannot be adjourned.

¶7The present application under 482 Cr.P.C. has been filed with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to stay the procedings pending before the learned Civil Judge (Jr. Division)/Judicial Magistrate, Atarauli, Aligarh, Case No. 6 of 2002 arising out of Case Crime No. 566 of 1999, under sections 364 and 120-B of Indian Penal Code, P.S. Atarauli, District-Aligarh. "It is, therefore, further prayed that this Hon'ble Court may kindly be pleased to direct the respondents not to take any coercive action against applicants and pleased to pass any other suitable order which this Hon'ble Court may be fit and proper in view of the facts and circumstances of the case, otherwise the applicants shall suffer irreparable loss and injury."

¶8An objection has been raised by learned counsel for opposite party no. 3 and learned A.G.A-I that the present petition has been filed only with pryers which are interim in nature and there is no final prayer made in the petition and as such the same is not maintainable.

¶9Learned counsel for applicants could not give any justification for the same and also could not dispute the said argument.

¶10In view of the same the present petition stands dismissed.

¶11Interim order, if any, is vacated. . (Samit Gopal,J.) Order Date :- 8.11.2023 Vikram High Court of Judicature at Allahabad