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2025 DAILYLAW 117925 (ALL)

BALINDER SINGH and ANR. v. STATE OF U.P. and ANR.

/7422/2017 · 2025-08-06

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45940 Court No. - 29 Case :- APPLICATION U/S 482 No. - 7422 of 2017 Applicant :- Balinder Singh And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Vikas Pandey Counsel for Opposite Party :- Govt. Advocate,Ashok Kumar Shukla 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 Sanjay Maurya, learned A.G.A. for the State and Shri Ashok Kumar Shukla, learned counsel for respondent no. 2 are 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 Criminal Case No. 44 of 2017 (State Vs. Balinder Singh another) arising out of Case Crime No. 182 of 2016, under Sections 323, 504, 506 and 342 IPC, Police Station Kumarganj, District Faizabad pending in the court of learned Judicial Magistrate-I, Faizabad. 3. The present application is pending since 2017. This Court vide order dated 10.l1.2017 passed the following orders:- "By filing the petition under Section 482 Cr.P.C.,the applicant has prayed for quashing the charge sheet dated 4.8.2016 and order of cognizance and summoning order dated 16.3.2017 passed by learned Judicial Magistrate- I, Faizabad in criminal case No.44 of 2017 arising out of case crime No. 182 of 2016, under Sections 323, 504, 506, 342 IPC, P.S. Kumarganj, District Faizabad. Learned counsel for applicant has submitted that a property dispute is pending between the parties in which there was an injunction order. Later on to pressurize the applicant, first information report was lodged and after investigation charge sheet was submitted. Issue notice to the respondent No.2 returnable at an early date. List after two weeks. In light of above contention as raised above, further proceeding of the case is stayed till the next date of listing. " 4. Counter affidavit filed on behalf of respondent no. 2 on 17.5.2024 in available on record. However, till date no response to the said counter affidavit has been filed. It appears that the applicants have lost interest to pursue the case, hence no useful purpose would be served to keep it pending on the strength of interim order for indefinite period. 5. In view of above, application under Section 482 Cr.P.C. is dismissed for want of prosecution. Interim order dated 10.11.2017 is hereby vacated. 6. In case, if cause of action still survives, the applicants is at liberty to approach this Court seeking recall of this order, within a period of thirty days from today. 7. A copy of this order be communicated to the court concerned forthwith to enable it to proceed with the case 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