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2026 DAILYLAW 15308 (ALL)

ANIL CHAUHAN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

A482/14598/2023 · 2026-10-08

Samit Gopal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 14598 of 2023 Court No. - 74 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. No one appears on behalf of the applicants to press this application u/s 482 Cr.P.C. Sri Sadhu Sharan, learned counsel for the opposite party no.2 and Sri Bade Lal Bind, learned counsel for the State are present. 3. Counter affidavit dated 27.08.2024 on behalf of the State is on record to which there is no rejoinder affidavit on behalf of the applicants. 4. The present application under Section 482 Cr.P.C. has been filed by the applicants- Anil Chauhan, Gama @ Chote Lal Chauhan, Somari Devi, Rani Kumari and Sonu Chauhan @ Sandeep Chauhan, with the prayer to allow the present application and quash the entire proceeding as well as cognizance/summoning order dated 04.01.2023 in Complaint Case No. 5049 of 2022 (Sushila Devi Vs. Anil Chauhan and others), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Nonhara Sadar, District Ghazipur, pending in the court of Additional Chief Judicial Magistrate, Ghazipur, with a further prayer that proceedings of the aforesaid case be stayed during the pendency of the present application. 5. On 10.09.2026 the 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 Sadhu Sharan, learned counsel for the opposite party no.2 is also not present. Sri V.D. Ojha, learned counsel for State for the State is present. Versus Counsel for Applicant(s) : Ashutosh Kumar Pandey Counsel for Opposite Party(s) : G.A., Sadhu Sharan Anil Chauhan And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 3. The records show that even previously on last two occasions i.e. 05.08.2026 and 19.08.2026 there was no representation from the side of the applicants and even from the side of the opposite party no.2 to press this application. 4. Since there is no representation from either sides of the parties, in the interest of justice as a last opportunity, the matter is adjourned for today. 5. Let the matter be listed on 24.09.2026 peremptorily. 6. It is made clear that the matter will not be adjourned on the next date as a matter of right." 6. Subsequently on 24.09.2026 the 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. 3. Sri Ajay Singh, learned AGA-I for the State and Sri Sadhu Sharan, learned counsel for the opposite party no.2 are present. 4. Even previously on 10.09.2026 there was no representation from the side of the applicants and learned counsel for the opposite party no.2 was also not present and the matter was adjourned as a last opportunity. Today also there is no representation on behalf of the applicants to press this application U/s 482 Cr.P.C. even in the revised list. 5. A letter of Election Committee 2026-27 High Court Bar Association, Allahabad dated 24.09.2026 has been circulated to the Courts under order of Hon'ble The Senior Judge dated 24.09.2026 in which a prayer has been made for not passing any adverse order due to heavy rain in the city since morning. 6. In view of the same, the matter is adjourned for today. 7. Let the matter be listed on 09.10.2026 peremptorily." 7. In compliance of the said order dated 24.09.2026 this matter is listed peremptorily today. Even then there is no representation from the side of the applicants to press this application under Section 482 Cr.P.C. The present application under Section 482 Cr.P.C. is dismissed for non prosecution. 8. Interim order, if any, stands vacated. 9. Pending application (s), if any, shall stand disposed of. October 9, 2026 AS Rathore A482 No. 14598 of 2023 2 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad