Allahabad High Court
SMT. ANISA KHAN AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 482 is dismissed for want of prosecution.
Summary
The petitioners, Smt. Anisa Khan and another, filed an application under Section 482 of the Criminal Procedure Code (No. 11402 of 2019) before the Allahabad High Court. The application remained pending for several years without any appearance by the petitioners, even after a revised call. The court observed that the petitioners had lost interest in pursuing the matter and that continuing the application would serve no useful purpose. Consequently, the court dismissed the application for want of prosecution and vacated any interim order that had been in force. The order also directed that a copy be sent to the concerned trial court.
Issues considered
- What is the appropriate course of action when an application under Section 482 remains pending for an extended period without any prosecution by the applicants?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- inherent powers of High Court
- want of prosecution
- interim order vacated
- procedural default
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 11402 of 2019
Smt. Anisa Khan And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ramesh Chandra Upadhyay
Counsel for Opposite Party(s) : Azhar Hussain, G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. List revised.
2. None present for applicants even in revised call. However, Sri Azhar
Hussain, learned counsel for opposite party No.2 and learned AGA are
present.
3. This application is pending since 2019.
4. It appears that the applicant has lost interest to pursue the case, hence
no useful purpose would be served to keep this application pending.
5. In view of above, this application is dismissed for want of prosecution.
6. Interim order, if any, stands vacated.
7. Let a copy of this order be sent to the concerned trial court forthwith.
(Chawan Prakash,J.)
September 8, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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