Vijendra Yadav v. State of U.P. and Another

Court No. - 92 Case :- APPLICATION U/S 482 No. - 39594 of 2018 Applicant :- Vijendra Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Opposite Party :- G.A.,Prem Chandra Dwivedi Hon'ble Anish Kumar Gupta,J.

¶1None is present on behalf of applicant to press the instant application. Sri Prem Chandra Dwivedi, learned counsel for opposite party no.2 and Sri Satish Kumar Shukla, learned A.G.A. for the State are present.

¶2The instant application has been filed seeking quashing of entire proceedings of Complaint Case No.640 of 2017 (Mukesh Kumar Vs. Vijendra Yadav and another), under Sections 406, 420, 506 IPC, Police Station New Agra, District Agra, pending in the court of Additional Chief Judicial Magistrate, Court No.9, Agra.

¶3Vide order dated 01.11.2018, notice was issued and interim order was granted in favour of the applicant.

¶4Learned counsel for opposite party no.2 submits that he has filed counter affidavit along with an application for vacation of stay. Till date no rejoinder affidavit has been filed on behalf of applicant despite order dated 26.09.2019.

¶5The counter affidavit filed on behalf of opposite party no.2 has not been traced out or placed on record by the Registry.

¶6Subsequently on 31.10.2019, the matter was adjourned on the illness slip of Sri Kandarp Srivastava, learned counsel for the applicant. Again on 09.12.2022, none was present on behalf of the applicant to press the instant application. Today, also none is present on behalf of the applicant to press the instant application even in the revised call.

¶7In view thereof, the instant application u/s 482 Cr.P.C. is dismissed for want of prosecution. Order Date :- 31.10.2023 Atul High Court of Judicature at Allahabad