Netra Pal Singh and Others v. State of U.P. and Another

Court No. - 92 Case :- APPLICATION U/S 482 No. - 26211 of 2007 Applicant :- Netra Pal Singh And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Singhal Counsel for Opposite Party :- Govt. Advocate Hon'ble Anish Kumar Gupta,J.

¶1Case called out. None is present on behalf of the applicant to press the instant application. However, Sri Pankaj Srivastava, learned AGA for State is present.

¶2On 14.09.2023, this court has passed the following order :- "1. None appears for the applicants to press the instant application.

¶2Sri Sandeep Chaubey, learned A.G.A. is present for the State.

¶3The instant application has been filed in the year 2007 and vide order dated 30-10-2007 this Court had issued notice to the opposite party no.2 and stayed the proceedings of Case No. 116 of 2007 (State Vs. Netra Pal and Others), arising out of case crime no. 292 of 2007, under Section 379 IPC, P.S. Harduaganj, district Aligarh, pending before the learned Judicial Magistrate, Court No.3, Aligarh.

¶4As per the office report, service of notice on the opposite party no.2 is still incomplete.

¶5On 13-04-2023 this matter was listed but no one has appeared on behalf of the applicants.

¶6Since the matter is very old, put up this matter peremptorily on 28-09-2023 in the additional cause list.

¶7It is made clear that if none appears on behalf of the applicants on the next date fixed, it shall be presumed that the applicants are not interested in pursuing the instant case and the same shall be disposed of accordingly."

¶3In pursuance of the order dated 14.09.2023, notices were issued to the Opposite Party No.2 and the learned counsel for the Opposite Party No. 2 is present. However, none is present on behalf of the applicants to press this application despite the aforesaid order dated 14.09.2023.

¶4In view thereof, the instant application is dismissed for want of prosecution. Order Date :- 7.12.2023 Akram High Court of Judicature at Allahabad