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Allahabad High Court

MUKESH YADAVversusSTATE OF UP AND ANOTHER

Decided

Holding

The application under Section 482 is dismissed for want of prosecution.

Summary

Mukesh Yadav filed an application under Section 482 of the Criminal Procedure Code (No.13805 of 2019) seeking relief against the State of Uttar Pradesh. The application remained pending for several years without any appearance or submission from the applicant’s counsel, although the State’s Additional Government Advocate was present. The court observed that the applicant appeared to have lost interest in pursuing the matter and that continuing the application would serve no useful purpose. Consequently, the High Court dismissed the application for want of prosecution and vacated any interim order that had been in force. The order directed that a copy be sent to the concerned trial court forthwith.

Issues considered

  • Whether an application under Section 482 of the CrPC should be dismissed for want of prosecution when the applicant fails to appear or pursue the matter.

Legislation cited

Subjects

  • Section 482
  • inherent powers of High Court
  • want of prosecution
  • interim order vacated
  • pending application

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 482 No. - 13805 of 2019

                                    Mukesh Yadav
                                                                                                 .....Applicant(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)      : Dharmendra Kumar Singh
                                    Counsel for Opposite Party(s) : Atmaram Nadiwal, Dinesh                Kumar
                                                                    Yadav, G.A., Pradeep Kumar

                                    Court No. - 83
                                                      HON'BLE CHAWAN PRAKASH, J.

                                    1. Case called out in the revised list. None is present on behalf of
                                    applicant. However, learned A.G.A. for the State is present.

                                    2. This application is pending since 2019.

                                    3. It appears that the applicant has lost interest to pursue the case, hence
                                    no useful purpose would be served to keep this application pending.

                                    4. In view of above, this application is dismissed for want of prosecution.

                                    5. Interim order, if any, stands vacated.

                                    6. Let a copy of this order be sent to the concerned trial court forthwith.



                                                                                           (Chawan Prakash,J.)
                                    September 14, 2026
                                    Md Faisal




Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad


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