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Allahabad High Court

MAJOR SHESHMANI NATH TRIPATHIversusSTATE OF U.P. THRU. SECY. HOME CIVIL SECTT. LKO and ORS.

Decided
Disposal
Disposed off/Decided on merits

Holding

An application under Section 482 Cr.P.C. must be dismissed if no party appears to prosecute it.

Summary

The applicant, Major Sheshmani Nath Tripathi, filed an application under Section 482 of the Criminal Procedure Code seeking relief against the State of Uttar Pradesh. The matter was listed before the Allahabad High Court, Lucknow Bench. No counsel appeared on behalf of the applicant to press the application, while the Additional Government Advocate represented the State. The Court observed that an application cannot be entertained without a party to prosecute it. Accordingly, the Court dismissed the application for want of prosecution and vacated the interim order that had been granted earlier. The order was directed to be communicated to the trial court concerned.

Issues considered

  • Can an application under Section 482 Cr.P.C. be dismissed for want of prosecution?

Subjects

  • Criminal Procedure Code
  • Section 482
  • Application dismissed
  • Want of prosecution
  • Interim order vacated

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            LUCKNOW
                                                     APPLICATION U/S 482 No. - 1368 of 2017

                                     Major Sheshmani Nath Tripathi
                                                                                            .....Applicant(s)
                                                                     Versus

                                     State Of U.P. Thru. Secy. Home Civil Sectt.
                                     Lko And Ors.                                              .....Opposite
                                                                                                     Party(s)

                                     Counsel for Applicant(s)                 :    Ausaf Ahmad Khan
                                     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 applicant 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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