Allahabad High Court
UMAPATI TRIPATHI @ UMAPATI AND 3 OTHERSversusSTATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- SHREE PRAKASH SINGH
Holding
The application under Section 482 was dismissed due to non‑prosecution.
Summary
An application under Section 482 of the Code of Criminal Procedure was filed by Umapati Tripathi and others against the State of U.P. The applicant's counsel did not appear before the court, although the Additional Government Advocate was present. The court examined whether the application could be entertained in the absence of any prosecution or appearance by the applicants. It held that without prosecution, the application could not be entertained and therefore rejected it. Consequently, any interim order previously granted was vacated and the order was directed to be communicated to the concerned court.
Issues considered
- Whether an application under Section 482 CrPC can be entertained when the applicant fails to appear before the court
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- Criminal Procedure Code
- application dismissed
- non‑prosecution
- interim order vacated
Judgment
Neutral Citation No. - 2024:AHC-LKO:69494
Court No. - 28
Case :- APPLICATION U/S 482 No. - 1562 of 2023
Applicant :- Umapati Tripathi @ Umapati And 3 Others
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt.
Lko. And Another
Counsel for Applicant :- Sushil Kumar Pathak,Km. Swati,Rakesh Kumar
Singh
Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh, J.
1. Case called out in the revised list. No one has put
in appearance on behalf of the applicant(s) to press
this application. However, learned AGA is present.
2. Application is accordingly rejected for non-
prosecution. Interim order, if any, stands vacated.
3. Office is directed to communicate this order to the
court concerned forthwith for necessary action.
.
(Brij Raj Singh, J.)
Order Date :- 15.10.2024
Rao/-
Digitally signed by :-
CHEBROLU SRINIVASA RAO
High Court of Judicature at Allahabad,
Lucknow Bench
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