Allahabad High Court
SARMOD AND ANOTHERversusState of U.P. AND ANOTHER
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- CHAWAN PRAKASH
Holding
The application was dismissed for want of prosecution as no counsel appeared for the applicants.
Summary
The applicants Sarmod and another filed an application under Section 482 of the Criminal Procedure Code (No. 11905 of 2021) before the Allahabad High Court, seeking relief against the State of U.P. and another. No counsel appeared on behalf of the applicants to press the application, although the learned Advocate General was present for the opposite party. The court noted that an application cannot be pursued without a representative to prosecute it. Consequently, the court dismissed the application for want of prosecution. The order was pronounced on 18 August 2022 by Justice Rajeev Misra.
Issues considered
- What is the procedural requirement for an application under Section 482 to be prosecuted before the High Court?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- Criminal Procedure Code
- High Court inherent powers
- Dismissal for want of prosecution
- Procedural requirement
Judgment
Court No. - 80
Case :- APPLICATION U/S 482 No. - 11905 of 2021
Applicant :- Sarmod And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Aditya Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Case called out in revised list.
No one appears on behalf of the applicant to press this
application.
Learned A.G,A. is present.
As no one appears on behalf of the applicants to press this
application, it is, accordingly, dismissed for want of
prosecution.
Order Date :- 18.8.2022
HSM
Digitally signed by HARI SHANKER
MISHRA
Date: 2022.08.18 17:35:22 IST
Reason:
Location: High Court of Judicature at
Allahabad
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