Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 50289 (ALL)

ROHIT AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/5157/2017 · 2025-09-16

Samit Gopal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 5157 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 under Section 482 Cr.P.C. despite. Sri Swushil Pandey, learned counsel for the opposite party no.2 is not present even when the matter is taken in the revised list. 3. Sri Devendra Nath Mishra, learned counsel for the State is present. 4. The present application under Section 482 Cr.P.C. has been filed by the applicants- Rohit, Mohit, Avinash and Chanda, with the prayer to allow the present application and quash the entire proceeding in Sessions Trial No. 171 of 2014 (State Vs. Rohit and others) arising out of Case Case Crime No.655-A of 2013 under Sections 452, 323, 504, 506, 324, 427 I.P.C., Police Station Subhash Nagar, District Bareilly, pending before learned Additional District and Sessions Judge, Court No. 10, District Bareilly with a further prayer that proceedings of the aforesaid case be stayed during the pendency of the present application. 5. Previously on 03.09.2025 learned counsel for the applicants had prayed for 10 days time to seek instructions in the matter and as a last opportunity, the prayer was allowed and the matter was directed to be listed peremptorily today. The following order was passed by this Court on the said date:- "1. List revised. Versus Counsel for Applicant(s) : Ajay Kumar Srivastava Counsel for Opposite Party(s) : G.A., Swushil Pandey Rohit And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 2. Sri Ajay Kumar Srivastava, learned counsel for the applicant and Sri V.D. Ojha, learned counsel for State are present. Sri Sushil Pandey 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 applicant prays for 10 days time to seek instructions in the matter. 4. As a last opportunity, the prayer is allowed. 5. Let the matter be listed on 17.09.2025 peremptorily." 6. 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 applicants to press this application U/s 482 Cr.P.C., the matter being likely to have become infructuous by efflux of time, the same is dismissed as such. 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. September 17, 2025 AS Rathore A482 No. 5157 of 2017 2 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad