Allahabad High Court
SMT LALTI DEVIversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 482 was dismissed for want of prosecution as no counsel appeared for the applicant.
Summary
The applicant filed an application under Section 482 of the Criminal Procedure Code in 2019 seeking relief against the State. The matter remained pending for several years and, on the date of hearing, no counsel appeared on behalf of the applicant despite being listed. The learned Additional Government Advocate represented the State. The Court observed that the application could not be pursued in the absence of any representation and dismissed it for want of prosecution. Consequently, any interim order previously granted was vacated, and the trial court was directed to proceed with the case as per law.
Issues considered
- Can an application under Section 482 of the CrPC be entertained when the applicant fails to appear before the Court?
- Should an interim order remain in force if the underlying application is dismissed for want of prosecution?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Application dismissed
- Want of prosecution
- Interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 10116 of 2019
Smt Lalti Devi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Giri Ram Rawat, Indra Deo Mishra,
Shri Ram (Rawat)
Counsel for Opposite Party(s) : G.A., Sandeep Kumar Rai
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Case called on. No one is present on behalf of the applicant, even in the
revised list.
2. Learned A.G.A. is present for the State.
3. Since this application is pending since 2019 and no one is present on
behalf of the applicant to press this application, this application is
dismissed for want of prosecution.
4. Interim order, if any, stands vacated.
5. The Trial Court is at liberty to proceed with the matter as per law.
6. Let this order be communicated to the Trial Court concerned by the
Registrar (Compliance).
(Chawan Prakash,J.)
September 15, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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