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Allahabad High Court

RAM UJAGIR VERMA and OTHERSversusSTATE OF U.P. and OTHERS

Decided
Disposal
Disposed off/Decided on merits

Holding

The application under Section 482 was dismissed for non‑prosecution and the interim order was vacated.

Summary

The petitioners filed an application under Section 482 of the Criminal Procedure Code seeking relief in a matter that has been pending since 2021. No counsel appeared on behalf of the petitioners, although the Additional Government Advocate and counsel for the complainant were present. The Court noted the petitioners' failure to prosecute the application and therefore rejected it for non‑prosecution. Consequently, the interim order that had been in force was vacated. The Court directed the office to communicate this order to the concerned court for necessary action. The decision emphasizes that a Section 482 application must be actively pursued by the applicant.

Issues considered

  • Can an application under Section 482 of the CrPC be entertained when the applicant fails to appear and prosecute the case?

Legislation cited

Subjects

  • Criminal Procedure Code
  • Section 482
  • application dismissed
  • non‑prosecution
  • interim order vacated

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            LUCKNOW
                                                      APPLICATION U/S 482 No. - 1448 of 2021

                                     Ram Ujagir Verma And Others
                                                                                                .....Applicant(s)
                                                                       Versus

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

                                     Counsel for Applicant(s)      : Santosh Kumar Mehrotra, Ishwar Dutt
                                                                     Shukla, Priyam Mehrotra, Vijayendra
                                                                     Prakash Tripathi
                                     Counsel for Opposite Party(s) : G.A., Praveen Kumar Tripathi, Uma
                                                                     Shanker Verma

                                    Court No. - 16
                                                        HON'BLE BRIJ RAJ SINGH, J.

                                    1. Case called out. No one has put in appearance on behalf of the
                                    applicant(s) to press this application. However, learned AGA and the
                                    counsel for the complainant are present.

                                    2. The matter pertains to the year 2021 and since then it is pending.

                                    3. Application is accordingly rejected for non prosecution. Interim order,
                                    if any, stands vacated.

                                    4. Office is directed to communicate this order to the court concerned
                                    forthwith for necessary action.



                                                                                            (Brij Raj Singh,J.)
                                    November 7, 2025
                                    Rao/-




Digitally signed by :-
CHEBROLU SRINIVASA RAO
High Court of Judicature at Allahabad,
Lucknow Bench


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