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2025 DAILYLAW 118065 (ALL)

MOHD. ASLAM v. STATE OF U.P. AND ANR.

/7806/2017 · 2025-08-06

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45952 Court No. - 29 Case :- APPLICATION U/S 482 No. - 7806 of 2017 Applicant :- Mohd. Aslam Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Zaid Arshad,Sheikh Wali-Uz Zaman 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 Sanjay Kumar Yadav, 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 Complaint Case No. 2621 of 2014, under Sections 406, 504 and 506 IPC, Police Station Mohammadi, District Lakhimpur Kheri pending in the court of learned Additional Chief Judicial Magistrate, Lakhimpur Kheri. 3. The present application is pending since 2017. This Court vide order dated 24.l1.2017 passed the following orders:- "Heard the learned counsel for the applicant and the learned A.G.A. for the State and also perused the record. It has been contended by the learned counsel for the applicant that the applicant is a conductor of the UPSRTC bus. The allegation against him is that he took money from the opposite party no.2 but did not give any ticket. The police after investigation did not find any offence and accordingly submitted final report. However, the opposite party no.2 filed protest petition upon which the learned Magistrate did not accept the final report and straight away issued process against the applicant and one Ram Singh under Sections 406, 504 and 507 IPC. The submission on behalf of the applicant is that the allegations made in the FIR itself make the entire prosecution story doubtful. The opposite party no.2 is a practicing Advocate and because of some altercation, the present complaint was filed. Issue notice to the opposite party no.2 returnable within three weeks. List after service of notice. Till the next date of listing, no coercive steps shall be taken against the applicant. " 4. The matter pertains to the year 2017. 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 on the strength of interim order for indefinite period. 6. In view of above, application under Section 482 Cr.P.C. is dismissed for want of prosecution. Interim order dated 24.11.2017 is hereby vacated. 7. In case, if cause of action still survives, the applicants are 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 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