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2025 DAILYLAW 14671 (ALL)

BHARAT v. STATE OF U.P. AND ANOTHER

A482/33812/2017 · 2025-08-20

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144225 Court No. - 64 Case :- APPLICATION U/S 482 No. - 33812 of 2017 Applicant :- Bharat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. No one appears on behalf of the applicant to press this application under Section 482 Cr.P.C. despite the fact that there are two learned counsels appearing in the matter. 3. Sri Ajay Singh, learned AGA-I for the State is present. 4. The present application under Section 482 Cr.P.C. has been filed by the applicant with the following prayers: "It is, therefore, most respectfully, prayed that this Hon'ble Court may kindly be pleased to allow this application and quash the impugned order dated 28.9.2017 and order dated 23.5.2017 passed by Sub Divisional Magistrate Sadar, Jaunpur in Case No. 25 of 2017 (Tribhuwan Vs Dharam Raj and others) Under Section 133 Cr. P.C., Mauja Baraji Police Station Buxa, Tehsil Sadar, District Jaunpur. It is further prayed that this Hon'ble Court may kindly be pleased to stay the effect and operation of the impugned order dated 28.9.2017 and order dated 23.5.2017 passed by Sub Divisional Magistrate Sadar, Jaunpur in Case No. 25 of 2017 (Tribhuwan Vs Dharam Raj and others) Under Section 133 Cr. P.C., Mauja Baraji Police Station Buxa, Tehsil Sadar, District Jaunpur and direct the opposite parties not to demolish the house of the applicant, during the pendency of the instant Criminal Misc. Application, otherwise the applicant shall suffer irreparable loss and injury. And/or to pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. 5. Notice was issued to the opposite party no. 2 vide order dated 09.11.2017. As per office report dated 20.8.2025 notice has been served personally upon the opposite party no.2. Despite service of notice no one appears on his behalf even in the revised list. 6. In view of the same, this matter is reported by the office through the report dated 04.08.2025 of Registrar (J) (Listing) that it is likely to be infructuous. 7. Perused the records. 8. Since there is no one appearing on behalf of the applicants to press this application U/s 482 Cr.P.C., the matter being likely to have become infructuous by efflux of time, the same is dismissed as such. 9. Interim order, if any, stands vacated. 10. Pending application(s), if any, shall stand disposed of. 11. Registrar (Compliance) to communicate this order to the District and Sessions Judge/trial court concerned within a week. (Samit Gopal,J.) Order Date :- 21.8.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad