Allahabad High Court
SUDARSHAN GOSWAMIversusSTATE OF U.P.AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 482 is dismissed for want of prosecution.
Summary
An application under Section 482 of the Criminal Procedure Code (No. 19170 of 2019) was filed by Sudarshan Goswami against the State of Uttar Pradesh and another party. The matter remained pending for several years and, when called on, no counsel appeared on behalf of the applicant. The High Court observed that the application had been pending since 2019 and, in the absence of any prosecution, dismissed it. Consequently, the interim order previously granted was vacated, and the trial court was directed to proceed with the case as per law. The order was to be communicated to the trial court by the Registrar.
Issues considered
- Whether an application under Section 482 can be entertained when the applicant fails to appear before the court?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- inherent powers of High Court
- non‑appearance
- application dismissed
- interim order vacated
- trial court proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 19170 of 2019
Sudarshan Goswami
.....Applicant(s)
Versus
State Of U.P.And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Kr. Srivastava
Counsel for Opposite Party(s) : G.A., Ravindra Kumar
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. Learned A.G.A. is present for the State.
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. Interim order, if any, stands vacated.
5. The Trial Court is at liberty to proceed with the matter as per law.
6. Let this order be communicated to the Trial Court concerned by the
Registrar (Compliance).
September 15, 2026
Vijay
(Chawan Prakash,J.)
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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