Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47926 Court No. - 29 Case :- APPLICATION U/S 482 No. - 1011 of 2016 Applicant :- Pooja Tiwari Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Anuj Pandey,Shiv Ganesh Singh 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 Maurya, 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 2016 with the prayer to quash/set aside the charge sheet arising out of Case Crime No. 362 of 2014, under Sections 147, 148, 149, 452, 342, 307, 504, 506 and 352 IPC and Section 7 of the Criminal Law Amendment Act, Police Station Bikapur, District Faizabad. 3. The present application is pending since 2016. This Court vide order dated 1.3.2016 passed the following orders:-
"Heard learned counsel for the applicant and the learned AGA for the State. By means of this application under Section 482 Cr.P.C., the applicant has prayed for quashing of the charge-sheet arising out of Case Crime No.362/2014, under Sections 147, 148, 149, 452, 342, 307, 504, 506, 352 IPC and Section 7 Criminal Law Amendment Act, relating to P.S. Bikapur, District Faizabad. It has been contended on behalf of the applicant that the occurrence is alleged to have been taken place on 18.09.2014 and the FIR was lodged against nine person including the applicant, while the applicant was on her family way and on 27.09.2014 she gave birth to twin babies. In these circumstances, it is highly improbable for her to have assaulted the injured persons and commit any offence. Issue notice to the opposite party No.2 returnable at an early date and list after service of notice. In the meantime, no coercive action shall be taken against the applicant, but it is made clear that the rest of the accused persons are concerned, the proceedings shall go on against them."
4. The matter pertains to the year 2016. Perusal of record shows that this Court directed for issuance of notice to respondent no. 2 on 1.3.2016. The report of Chief Judicial Magistrate dated 28.3.2016 shows that notice has been issued to opposite party no.
2 has been duly served but no one has put in appearance on his behalf nor any counter affidavit has been filed. 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 1.3.2016 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 :- 14.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench