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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