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2025 DAILYLAW 92088 (ALL)

RAJ KUMAR PATEL v. State of UP AND ANOTHER

A482/29977/2024 · 2025-01-15

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6527 Court No. - 77 Case :- APPLICATION U/S 482 No. - 29977 of 2024 Applicant :- Raj Kumar Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lallan Prasad,Raj Kumar Chauhan Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Lallan Prasad, learned counsel for the applicant and Sri Sheetla Prasad, learned State Law Officer for the State. 2. Present application under Section 482 Cr.P.C. has been filed for quashing the order dated 24.02.2024 passed in Complaint Case No.205 of 2007 and remand back for passing fresh order in regard of application dated 15.09.2017 under Section 210 Cr.P.C. pending before the Additional Chief Judicial Magistrate-6, Allahabad. 3. Contention of learned counsel for the applicant is that because of some personal reason, the applicant or his counsel could not appear before the court below to press his application under Section 210 Cr.P.C., therefore his application had been dismissed for want of prosecution. 4. From perusal of record, it appears that the applicant has not given any reason for non-appearance before the court below. The record shows that sufficient opportunity was given to the applicant to press his application. When the applicant failed to appear before the court below then the application filed by the applicant under Section 210 Cr.P.C. was dismissed. Therefore, this Court does not find any illegality in the impugned order. 5. However, it is discretion of the court concerned that even without application of the accused, it can try two cases together, if the same has arisen out of the same transaction under Section 210 Cr.P.C. or even under Section 223 Cr.P.C. 6. In view of above, the present application is dismissed. Order Date :- 15.1.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad