Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 16534 (ALL)

PAWAN AND 4 OTHERS v. STATE OF UP AND ANOTHER

A482/3065/2024 · 2025-03-06

Samit Gopal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 78 Case :- APPLICATION U/S 482 No. - 3065 of 2024 Applicant :- Pawan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- Alok Kumar Kushwaha,Anuj Kumar,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. No one appears on behalf of the applicants to press this application u/s 482 Cr.P.C. Sri Alok Kumar Kushwaha and Sri Anuj Kumar, learned counsels for the opposite party no.2 are also not present even when the matter is taken in the revised list. Sri Birendra Pratap Singh, learned counsel for the State is present. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants- Pawan, Vishal, Sonu, Pappu and Sandhya, with the prayer to allow the present application and quash the entire proceeding as well as summoning order dated 13.03.2023 in Complaint Case No. 1852 of 2022, under sections 498A, 323, 504, 506 I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Bisrakh, District- Gautam Budh Nagar, pending in the court of Civil Judge (S.D.)/F.T.C./Additional Chief Judicial Magistrate, Gautam Budh Nagar, with a further prayer that proceedings of the aforesaid case be stayed during the pendency of the present application. 4. On 20.02.2025 the following order was passed by this Court:- "1. List revised. 2. No one appears on behalf of the applicants to press this application u/s 482 Cr.P.C. 3. Sri Alok Kumar Kushwaha, learned counsel for the opposite party no.2 and Sri Bade Lal Bind, learned counsel for State are present. 4. It is informed by learned members of the Bar present in the Court that there is again severe traffic jam in the city all over. 5. Since there is no representation from the side of the applicants, in the interest of justice as a last opportunity, the matter is adjourned for today. 6. Let the matter be listed on 07.03.2025. 7. It is made clear that the matter will not be adjourned on the next date as a matter of right." 5. This Court had observed that as a last opportunity the matter is adjourned and it will not be adjourned on the next date as a matter of right. 6. The records further show that even prior to it on 01.08.2024 also there was no representation from the side of the applicants and the following order was passed by a co-ordinate Bench of this Court:- "1. None appears on behalf of the applicants even in the revised call. However, learned AGA for the State is present. 2. From the status report of the Mediation Centre, it appears that the mediation proceedings between the parties is still in process. 3. In view thereof, put up this matter on 12.9.2024 in the additional cause list. 4. Interim order, if any, shall continue to operate till the next date of listing." 7. Since today again there is no representation from the side of the applicants, the present application under Section 482 Cr.P.C. is dismissed for non prosecution. 8. Interim order, if any, stands vacated. 9. Office is directed to communicate this order to the concerned court within three weeks from today. 10. Pending application (s), if any, shall stand disposed of. Order Date :- 7.3.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad