JAVED AHMAD @ GUDDU AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
A482/5655/2017 · 2025-09-14
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15903 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15903 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 5655 of 2017 Court No. - 64 HON'BLE SAMIT GOPAL, J.
1. List revised. 2. No one appears on behalf of the applicants to press this application even in the revised list. Sri Siya Ram Sahu, learned counsel for the opposite party no. 2 is also not present. 3. Sri V.D. Ojha, learned counsel for the State is present and perused the record. 4. This application u/s482 Cr.P.C. has been filed with the following prayers:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and to quash the entire proceeding of the case as well as charge sheet dated 02.3.2015 and cognizance order dated in Case No. 6574/IX/2016 (State versus Javed Ahmad and others) arising out of case Crime No. 841 of 2014, under Section 506 of I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Kotwali Nagar, District Banda, pending in the court of Chief Judicial Magistrate, Banda. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Case No. 6574/IX/2016 (State versus Javed Ahmad and others) arising out of case Crime No. 841 of 2014, under Section 506 of I.P.C. and Section 3/4 Dowry Prohibition Act, Versus Counsel for Applicant(s) : Jitendra Prasad Mishra Counsel for Opposite Party(s) : G.A., Siya Ram Sahu Javed Ahmad @ Guddu And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
Police Station- Kotwali Nagar, District Banda, pending in the court of Chief Judicial Magistrate, Banda, till the pendency of present application, and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the present case, otherwise the applicants shall suffer irreparable loss and injury."
5. On previous occasion i.e. 01.09.2025, learned counsel for the applicant had sought time to seek instructions regarding the direction of this Court vide order dated 21.02.2017. Further this Court had also sought a report from C.J.M., Banda regarding compliance of the said order within two weeks. The said order reads thus:
"1. List revised. 2. Sri Jitendra Prasad Mishra, learned counsel for the applicants and Sri Birendra Pratap Singh, learned counsel for State are present.
Sri Siya Ram Sahu, learned counsel for the opposite party no.2 is not present even when the matter is taken in the revised list. 3. Learned counsel for the applicants prays for to seek instructions regarding the direction of this Court vide order dated 21.02.2017 to file the compromise before the C.J.M., Banda within two week for its verification and also intimate the Court by the next date regarding the stage and status of trial. 4. Prayer is allowed. 5. Let the matter be listed on 15.09.2025. 6. The office shall also seek report from the C.J.M., Banda regarding compliance of the order dated 21.02.2017 through FAX by the next date positively. "
6. Today even in the revised list there is no appearance on behalf of the applicants. Office through its report dated 15.09.2025 has placed a report of C.J.M., Banda on the record. This Court has perused the said report dated 11.09.2025 of C.J.M., Banda duly forwarded by District Judge, Banda on 12.09.2025, perusal of the of which goes to show that no compromise was filed before the court concerned and neither did the A482 No. 5655 of 2017 2
parties appear before the court concerned. 7. Since there is no representation from the side of the applicants even in the revised list and even the order dated 21.02.2017 has not been complied with, the present application u/s 482 Cr.P.C. is dismissed as infructuous. 8. Interim order, if any, shall stand vacated. 9. Office to communicate this order to the concerned trial court/District Judge within two weeks for information and necessary follow-up actions. September 15, 2025 Naresh A482 No. 5655 of 2017 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad