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Munna Lal v. State Of U.p. And Ors

Munna Lal v. State Of U.p. And Ors

(High Court Of Judicature At Allahabad, Lucknow Bench)

APPLICATION U/S 378 DEFECTIVE No. - 348 of 2010 | 08-08-2022

Mohd. Faiz Alam Khan,J.

1. No one is present for the applicant/complainant when the case is taken up for hearing. However, learned A.G.A. is present for the State.

2. Instant is an application for grant of leave to appeal under Section 378 (4) Cr.P.C. filed by the complainant of Complaint Case No. 853/09/96 against the judgment and order dated 17.09.2010 passed in Criminal Appeal No. 37 of 2009 whereby the judgment and order dated 15.09.2009 of the trial Court was set aside by the first appellate court, where by the private respondents were convicted by the trial Court for the offence under Sections 419, 420, 467, 468 I.P.C. and were sentenced accordingly with default clause.

3. Today neither learned counsel for the applicant/complainant is present nor any request has been made either by himself on on his behalf to adjourn the case. The application is pending since long and for the last time it was listed before this Court on 19.07.2022.

4. In view of above, it appears that perhaps the applicant/complainant has lost interest in prosecuting the instant case. Thus, the application moved by the applicant/complainant for condonation of delay under Section 5 of the Indian Limitation Act is, hereby dismissed for want of prosecution.

5. In view of above, it appears that perhaps the applicant/complainant has lost interest in prosecuting the instant case. Thus, the application moved by the applicant/complainant for condonation of delay under Section 5 of the Indian Limitation Act is, hereby dismissed for want of prosecution.

Advocate List
  • Akhilesh Chauhan,Manoj Kumar Singh Bhardwa

  • G.A,Girdhari Lal Shukla

Bench
  • Hon'ble Justice Mohd. Faiz Alam Khan
Eq Citations
  • LQ
  • LQ/AllHC/2022/13523
Head Note

Criminal Procedure Code, 1973 — Ss. 378(4) and 374 — Application for grant of leave to appeal — Delay in filing — Applicant/complainant not interested in prosecuting the instant case — Application for condonation of delay dismissed for want of prosecution — Indian Limitation Act, 1963, S. 5