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Allahabad High Court

SHATRUGHAN MISHRAversusSTATE OF U.P. AND ANR.

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

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

Summary

The applicant, Shatrughan Mishra, filed an application under Section 482 of the Criminal Procedure Code and Section 528 of the B.N.S.S., 2023 seeking relief in a criminal matter. No representative appeared on behalf of the applicant, while counsel for the State was present. The Court dismissed the application on the ground of want of prosecution, indicating that the applicant failed to pursue the matter. Consequently, any interim order previously granted was vacated. The order was directed to be communicated to the trial court immediately.

Issues considered

  • What is the appropriate disposition of an application under Section 482 Cr.P.C. when the applicant fails to appear or prosecute the application?

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quashment of proceedings
  • Application dismissed
  • Want of prosecution

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             LUCKNOW

                                                     APPLICATION U/S 482 No. - 185 of 2016

                                     Shatrughan Mishra
                                                                                                      .....Applicant(s)
                                                                        Versus
                                     State Of U.P. And Anr.
                                                                                                         .....Opposite
                                                                                                               Party(s)

                                     Counsel for Applicant(s)      : Rama Shankar Pandey, Abhishek
                                                                     Mishra, Prem Chand Pandey, Shailendra
                                                                     Pratap Singh
                                     Counsel for Opposite Party(s) : Govt. Advocate

                                    Court No. - 14
                                                     HON'BLE SHREE PRAKASH SINGH, J.

                                    1. Case called out.

                                    2. None is present for the applicant to press this application.

                                    3. Learned counsel for the State is present.

                                    4. The application under section 482 Cr.P.C./528 of the B.N.S.S.,2023 is
                                    dismissed for want of prosecution.

                                    5. Interim order, if any, stands vacated.

                                    6. Consigned to records.

                                    7. Office is directed to communicate this order to the trial court concerned
                                    forthwith.


                                    September 2, 2025
                                    Mayank
                                                                                         (Shree Prakash Singh,J.)




Digitally signed by :-
MAYANK PRATAP SINGH
High Court of Judicature at Allahabad,
Lucknow Bench


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