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2025 DAILYLAW 48068 (ALL)

DEV SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/3611/2017 · 2025-09-08

Samit Gopal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 3611 of 2017 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. No one appears on behalf of the applicant(s) 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 Bade Lal Bind, learned counsel for the State is present. 4. The present application under Section 482 Cr.P.C. has been filed by the applicants Dev Singh and Lakhan Singh with the following prayers: "It is therefore, Most Respectfully prayed that this Hon'ble court may graciously be pleased to allow the application, call for records and quash the order dated 28.10.2016 passed by Special Judge SC/ST Act, Kanpur Dehat in S.S.T. No. 304/1997 (State Vs. Jai Karan) (Annexure 7'), charge-sheet dated 25.2.1996 (Annexure "3"). arising out of F.I.R. at case crime No. 12A/1996 under sections 147/148/323/325/304/504/506 I.P.C. & 3(1)(x) SC/ST Act, P.S. Moosanagar, Kanpur Dehat and proceedings initiated in pursuance thereof, otherwise direct the trial court below to summon the witness Janki Prasad for cross-examination. It is further prayed that during pendency of this application, the proceedings in S.S.T. No. 304/1997 (State Vs. Jai Karan) arising out of case crime No. 12A/1996 under sections 147/148/323/325/304/504/506 I.P.C. & 3(1)(x) SC/ST Act, P.S. Moosanagar and pending before Special Judge (SC/ST Act), Kanpur Dehat, may be stayed, or pass such other and further order as this Hon'ble Court may deem just and expedient in the interest of justice, otherwise the Applicants shall suffer irreparable loss and injury." Versus Counsel for Applicant(s) : Rajesh Yadav, Yashpal Yadav Counsel for Opposite Party(s) : G.A. Dev Singh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. On the last occasion illness slip of Sri Yashpal Yadav was reported and thus honouring the illness slip matter was adjourned and it was directed that the matter be listed today peremptorily. The following order was passed vide order dated 02.09.2025: "1. List revised. 2. There is an illness slip reported of Sri Yashpal Yadav, learned counsel for the applicants. 3. There is one other learned counsel appearing for the applicants but he is not present even in the revised list. 4. Honoring the illness slip, the matter is adjourned for today. 5. Sri Virendra Pratap Singh, learned counsel for the State is present. 5. Let the matter be listed on 09.09.2025, peremptorily." 6. The records show that this matter is reported by the office through the report dated 03.03.2025 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 applicant(s) to press this application U/s 482 Cr.P.C., the matter being likely to have become infructuous by efflux of time. 9. The present application is dismissed as infructuous. 10. Office to communicate this order to the District and Sessions Judge/trial court concerned within a week. 11. Pending application(s), if any, stand disposed of. September 9, 2025 M. ARIF A482 No. 3611 of 2017 2 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad