Allahabad High Court
DR. RAJ KISHORE SHUKLA and ANR.versusSTATE OF U.P. THRU. ITS SECY. HOME DEPTT. U.P. LUCKNOW and ANR
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- SHREE PRAKASH SINGH
Holding
The application under Section 482 CrPC was dismissed for want of prosecution.
Summary
Dr. Raj Kishore Shukla and another filed an application under Section 482 of the Criminal Procedure Code seeking relief in a criminal matter. No counsel appeared on behalf of the applicants to press the application, while the State's Additional Government Advocate was present. The Court held that in the absence of any prosecution or representation by the applicants, the application could not be entertained. Consequently, the application was dismissed for want of prosecution and the interim order previously granted was vacated. The order was directed to be communicated to the trial court immediately.
Issues considered
- What is the appropriate course of action when an application under Section 482 CrPC is filed but the applicants do not appear before the Court?
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
LUCKNOW
APPLICATION U/S 482 No. - 1316 of 2017
Dr. Raj Kishore Shukla And Anr.
.....Applicant(s)
Versus
State Of U.P. Thru. Its Secy. Home Deptt. U.P.
Lucknow And Anr .....Opposite
Party(s)
Counsel for Applicant(s) : Kaushlendra Tewari
Counsel for Opposite Party(s) : Govt. Advocate
Court No. - 14
HON'BLE SHREE PRAKASH SINGH, J.
Case is called out.
None is present on behalf of the applicants to press this
application.
Learned AGA for the State is present.
In view of the above, the instant application U/s 482 Cr.P.C. is
dismissed for want of prosecution.
Interim order, if any, stands vacated.
Consigned to records.
Office is directed to communicate this order to the trial court
concerned, forthwith.
September 11, 2025
kkv/
(Shree Prakash Singh,J.)
Digitally signed by :-
KRISHAN KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench
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