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2025 DAILYLAW 38157 (ALL)

RAM NARESH MISHRA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/8966/2024 · 2025-03-04

Samit Gopal

body2025

Judgment text

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Court No. - 78 Case :- APPLICATION U/S 482 No. - 8966 of 2024 Applicant :- Ram Naresh Mishra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anup Kumar Khare Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. No one appears on behalf of the applicants to press this application under Section 482 Cr.P.C. Sri Ajay Singh, learned A.G.A-I for the State is present. 2. The present application under Section 482 Cr.P.C. has been filed by the applicants-Ram Naresh Mishra, Smt. Sadhna Mishra and Himanshu Mishra with the prayer to quash the further proceeding of Case No.112510 of 2023 (State Vs. Himanshu Mishra and others) pending in the court of C.M.M. Kanpur Nagar arising out of Case Crime No.0529 of 2022, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Barra, District Southern (Commissionerate Kanpur Nagar) in charge sheet no.82 of 2023 dated 27.3.2023, further to stay the cognizance order dated 24.6.2023 passed by C.M.M. Kanpur Nagar and further to stay the further proceedings of aforesaid case. 3. Even previously on 18.02.2025, there was no representation on behalf of the applicants and 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. Sri Birendra Pratap Singh, learned counsel for State for the State is present. 3. 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. 4. 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. 5. Let the matter be listed on 05.03.2025. 6. It is made clear that the matter will not be adjourned on the next date as a matter of right." 4. Today again there is no representation on behalf of the applicant (s). 5. Since there is no representation on behalf of the applicant (s), the present application under Section 482 Cr.P.C. is dismissed for want of prosecution. 6. Interim order, if any, stands vacated. 7. Office to communicate this order to trial court concerned within two weeks from today. 8. Pending application (s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 5.3.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad