Allahabad High Court
A482/18886/2023 of DINESH AND 2 OTHERS Vs STATE OF U.P. AND ANOTHER on 8 October 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 18886 of 2023 Court No. - 74 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Dharm Vir Singh, learned counsel for the applicants and Sri Birendra Pratap Singh, learned counsel for the State and perused the records. 3. Vide order dated
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 18886 of 2023
Court No. - 74
HON'BLE SAMIT GOPAL, J.
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1. List revised.
2. Heard Sri Dharm Vir Singh, learned counsel for the applicants and Sri Birendra Pratap Singh, learned counsel for the State and perused the records.
3. Vide order dated 17.08.2023 notice was issued to the opposite party no.2. As per the office report dated 16.01.2024 a report regarding service of notice has been received. The report dated 21.11.2023 of the Chief Judicial Magistrate, Etah along with the report of the concerned police station is on record which states that notice has been served on the opposite party no.2 through his brother. Despite service of notice, no one appears on behalf of the opposite party no.2.
4. The present application under Section 482 Cr.P.C. has been filed by the applicants- Dinesh, Yogesh Kumar @ Yogendra Kumar and Vipin Kumar @ Vijendra, with the prayer to allow the present application and quash the impugned summoning order dated 17.10.2018 in Criminal Case No. 521 of 2015 (Mohan Singh Vs. Radehyshyam and others), under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Jaithra, District Etah and the order dated 18.01.2021 passed by the Additional Sessions Judge / Special Judge, S.C./S.T. (P.A.) Act, Etah, pending before the court of Chief Judicial Magistrate, Etah, with a further prayer that proceedings of the aforesaid case be stayed during the pendency of the present application.
5. Counter affidavit dated 04.10.2023 on behalf of the State is on record. Versus Counsel for Applicant(s) : Dharm Vir Singh Counsel for Opposite Party(s) : G.A. Dinesh And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. Learned counsel for the applicants submits that the applicants are not responding to his call even for filing a rejoinder affidavit to the said counter affidavit and as such he has no instructions in the matter.
7. The present application thus is dismissed for non prosecution.
8. Interim order, if any, stands vacated.
9. Office is directed to communicate this order to the District & Sessions Judge, Etah / Trial Court, Etah within 04 days from today.
10. Pending application (s), if any, shall stand disposed of. October 9, 2026 AS Rathore A482 No. 18886 of 2023 2 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad