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2025 DIGILAW 252 (SC)

Harpal Singh (D) v. State of Uttar Pradesh

2025-01-10

ABHAY S.OKA, K.V.VISWANATHAN

body2025
ORDER : 1. The office report records that the first appellant is no more. A copy of the death certificate is placed on record by the learned counsel appearing for the appellants. 2. Leave granted. 3. Heard the learned counsel appearing for the parties. 4. The appellants filed an application under Section 482 of the Code of Criminal Procedure, 1973, for quashing a charge-sheet filed for the offences punishable under Sections 498A, 323 and 504 of the Indian Penal Code, 1860. By the impugned order, the High Court has dismissed the Application without considering the same on merits. The High Court has not even dealt with the contentions raised in the Application. 5. Hence, we set aside the impugned order and restore the Application under Section 482 No. 279/2018 to the file of the High Court of Judicature at Allahabad. The restored Application shall be listed before the roster Bench on 17th February, 2025 in the morning. The parties, who are represented today, shall appear before the roster Bench on that day and no further notice shall be served to them. 6. The Registry to forward a copy of this order to the Registrar (Judicial) of the High Court of Judicature at Allahabad, who shall ensure that the restored Application is listed before the roster Bench as directed above. 7. All contentions are left open to the decided by the High Court. 8. The interim relief granted by this order on 10th July, 2024 shall continue to operate till the restored Application is heard by the High Court. 9. The Appeal is partly allowed accordingly.