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Allahabad High Court

BAIJNATH PRASADversusSTATE OF U.P. AND ANOTHER

Decided

Holding

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

Summary

The applicant filed an application under Section 482 of the Criminal Procedure Code in 2019. The matter was listed but the applicant failed to appear, even after a revised listing. Counsel for the opposite parties appeared, and the court noted the prolonged pendency and lack of prosecution. Consequently, the court dismissed the application for want of prosecution. The trial court was directed to proceed with the matter as per law, and the order was to be communicated to the trial court.

Issues considered

  • Whether an application under Section 482 can be entertained when the applicant fails to appear for hearing.

Legislation cited

Subjects

  • Section 482
  • Criminal Procedure Code
  • Application dismissed
  • Want of prosecution
  • Procedural law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      APPLICATION U/S 482 No. - 1496 of 2019

                                    Baijnath Prasad
                                                                                                 .....Applicant(s)
                                                                       Versus

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

                                    Counsel for Applicant(s)      : Anil Kumar Yadav
                                    Counsel for Opposite Party(s) : Damodar Singh, Devendra Vikram
                                                                    Singh, G.A.

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

                                    1. Case called on. No one is present on behalf of the applicant, even in the
                                    revised list.

                                    2. Mr. Devendra Vikram Singh, learned Counsel for opposite party no.2
                                    and learned A.G.A. are present.

                                    3. Since this application is pending since 2019 and no one is present on
                                    behalf of the applicant to press this application, this application is
                                    dismissed for want of prosecution.

                                    4. The Trial Court is at liberty to proceed with the matter as per law.

                                    5. Let this order be communicated to the Trial Court concerned by the
                                    Registrar (Compliance).



                                                                                          (Chawan Prakash,J.)
                                    September 21, 2026
                                    Vijay




Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad


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