Babloo and Others v. State of U.P. and Another

Court No. - 69 Case :- APPLICATION U/S 482 No. - 8036 of 2002 Applicant :- Babloo And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Tiwari,Ashish Kumar (Nagvanshi),Rajesh Tiwari Counsel for Opposite Party :- A.G.A.,Mohd. Naushad Siddiqui,R.V. Pandey,S.K. Singh Hon'ble Samit Gopal,J.

¶1List revised. No one appears on behalf of the applicants to press this application under Section 482 Cr.P.C.

¶2Heard Sri Vipin Kumar, Advocate holding brief of Sri Mohd. Naushad Siddiqui, learned counsel for the opposite party no.2 and Sri Ajay Singh, learned AGA-I for the State and and perused the records.

¶3The present application under Section 482 Cr.P.C. has been filed by the applicants Babloo, Raja Singh, Chirkut Singh and Surya Nath Singh with the prayer to quash the complaint case No. 10 of 2002 pending in the court of Judicial Magistrate, Chandauli and also to quash the summoning order dated 22.05.2002 passed by the Judicial Magistrate, Chandauli and with a further prayer to stay the effect and operation of the summoning order dated 22.05.2002, during the pendency of the present application.

¶4The records show that an interim order in the matter was passed on 06.09.2022 which was subsequently extended on several dates and then subsequently the same was vacated vide order dated

17.02.2004. Further it is apparent that the petition was dismissed for non prosecution on 21.05.2013 after which on application for restoration the same was restored vide order dated 23.07.2013. Even previously on 07.07.2023 there was no representation from the side of the applicants to press this application under Section 482 Cr.P.C. Today also there is no representation on their behalf.

¶5Since there is no representation on behalf of the applicants, the application under Section 482 Cr.P.C. is dismissed for want of prosecution.

¶6Interim order, if any, stands vacated.

¶7Office to communicate this order to the concerned court within two weeks from today. Order Date :- 30.10.2023 M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad