High CourtsSingle Bench

Smt. Murti Devi and Another vs State of U.P. and Another

Allahabad High Court · Decided on 19 November 2010 · Citation: (2010) 11 AHC CK 0293

HON’BLE JUDGES
Yogendra Kumar Sangal, J
RESULT
Dismissed
CASE NUMBER
Case No. 1708 of 2006

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Judgment

5 paragraphs · 292 words

Yogendra Kumar Sangal, J.—This is an application u/s 482 Code of Criminal Procedure to quash the impugned judgment and order dated 14.06.2006 passed by F.T.C. Fist, Sultanpur in Criminal Revision No. 187/2006 and also set aside the impugned judgment and order dated 16.12.2005 passed by learned Chief Judicial Magistrate, Sultanpur by which the Chief Judicial Magistrate, Sultanpur has summoned the Petitioners u/s 406 IPC and further prayed to direct the learned court below to examine the relevant and necessary witnesses and issue fresh order after examining the witnesses and till then the present summoning order dated 16.12.2005, u/s 406 IPC may kindly be put in abeyance.

2.

Case called out. None present on behalf of the applicant. Learned Additional Government Advocate for the State is present. Matter relates to the year 2006. Case was fixed today for disposal of application u/s 482 Code of Criminal Procedure classified in the list of cases likely to be infructuous and where no objection has been filed.

3.

Notice was published in the cause list dated 22.10.2010 and 25.10.2010. Name of counsel for the applicant is printed in the list.

4.

It is reported that no stay order in force is there. Absence of Petitioner and his counsel shows that now they are no more interested in pressing the petition. By efflux of time, it appears that application u/s 482 Criminal Procedure Code (CrPC) became in fructuous. I have also gone through the record and do not find any good ground to interfere in the proceedings of Section 482 Criminal Procedure Code (CrPC) hence application is hereby dismissed. Inform the trial court concerned.

5.

Lower court record, if requisitioned, shall be transmitted back to the court below forthwith. Stay order, if any, shall stand vacated automatically.