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2025 DAILYLAW 181095 (ALL)

KULDEEP SRIVASTAVA and ORS. v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. and ORS.

/4714/2017 · 2025-11-27

Manoj Bajaj

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 4714 of 2017 Court No. - 29 HON'BLE MANOJ BAJAJ, J. Applicants have filed this petition under Section 482 Cr.P.C. to challenge the charge- sheet under Section 173(2) Cr.P.C. (Annexure No.2) filed in Case Crime No.209 of 2015, under Sections 504, 506 IPC read with Section 3(1)(x) SC/ST Act, subject matter of Case No.5279 of 2015, titled State Vs. Pramod and others, as well as the summoning order dated 19.12.2015. When the case is called, no one has appeared on behalf of the applicants- accused. A perusal of the paper book would show that against the summoning order dated 19.12.2015, the petition was filed in the year 2017 and eversince then the prayer has not been seriously pressed, as whenever the matter was taken up it was adjourned, as even notice has not been issued to the complainant. The order dated 19.12.2015 is a cognizance order and the issues and grounds raised in the petition can very well be raised by the applicants- accused before the trial court at the stage of consideration of final report under Section 173(2) Cr.P.C.. By now, period of eight years have gone by, therefore, this Court is not inclined to keep this petition pending and considering the lack of interest on behalf of the applicants, this Court does not find it to be a fit case for exercise of inherent powers under Section Versus Counsel for Applicant(s) : Salil Kumar Srivastava Counsel for Opposite Party(s) : Govt. Advocate Kuldeep Srivastava And Ors. .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. And Ors. .....Opposite Party(s) 482 Cr.P.C. Consequently, without meaning any expression of opinion on the merits of the case, this petition is hereby dismissed, however it shall be open for the applicants to raise all these grounds before the trial court at an appropriate stage, if the trial is still pending. November 27, 2025 Raj A482 No. 4714 of 2017 2 (Manoj Bajaj,J.) Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench