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Allahabad High Court

SARMOD AND ANOTHERversusState of U.P. AND ANOTHER

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

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

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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