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2025 DAILYLAW 117760 (ALL)

DILEEP KUMAR YADAV and ANR. v. STATE OF U.P. and ANR.

/6593/2017 · 2025-08-06

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45901 Court No. - 29 Case :- APPLICATION U/S 482 No. - 6593 of 2017 Applicant :- Dileep Kumar Yadav And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Arvind Kumar Pandey,V.K. Baranwal Counsel for Opposite Party :- Govt. Advocate Hon'ble Syed Qamar Hasan Rizvi,J. 1. The present has been taken up in the revised list. No one has appeared on behalf of the applicant to address the Court though Shri Ravi Srivastava, learned A.G.A. for the State is present. 2. The present application under Section 482 Cr.P.C. has been filed in the year 2017 with the prayer to quash/set aside the entire proceedings of Case No. 4750 of 2012 (State Vs. Brijesh Kumar Yadav and others) arising out of Case Crime No. 83 of 2012, under Sections 420, 406 and 506 IPC, Police Station Hussainganj, District Lucknow pending in the court of learned Additional Chief Judicial Magistrate-I, Lucknow in view of compromise dated 13.01.2015 as well as charge sheet dated 03.09.2012. 3. The present application is pending since 2017. This Court vide order dated 12.10.2017 passed the following orders:- "Heard learned counsel for the applicants and the learned AGA for the State and also perused the record. Issue notice to the respondent No.2 returnable within two weeks. List immediately after service of notice. In the meantime, it will be open for the applicants to appear before the court below and seek bail in accordance with law." 4. As per office report dated 5.8.2025 of C.J.M., Lucknow notice has been served upon respondent no. 2 but no one has appeared on his behalf. 5. Even in the revised list none has appeared on behalf of the contesting parties. It appears that the applicant has lost interest to pursue the case, hence no useful purpose would be served to keep it pending. 6. In view of above, application under Section 482 Cr.P.C. is dismissed for want of prosecution. 7. In case, if cause of action still survives, the applicant is at liberty to approach this Court seeking recall of this order within a period of thirty days from today. 8. A copy of this order be communicated to the court concerned forthwith to enable it to conclude the proceedings of the above-mentioned case, if not already concluded, expeditiously, in accordance with law. Order Date :- 6.8.2025/Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench