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Allahabad High Court

SMT. SHOBHA DEVIversusSTATE OF U.P. and ORS.

Decided
Disposal
Allowed/Partly Allowed on merits/Granted

Holding

The application is dismissed for want of prosecution.

Summary

Smt. Shobha Devi filed an application under Section 482 of the Criminal Procedure Code seeking the High Court's inherent jurisdiction to intervene in the proceedings before the trial court. No counsel appeared on behalf of the applicant, while the learned Additional Government Advocate represented the State. The Court observed that the application was not prosecuted and therefore dismissed it. Consequently, any interim order previously granted was vacated. The order was directed to be communicated to the concerned trial court.

Issues considered

  • Whether the application under Section 482 CrPC is maintainable in the absence of prosecution.
  • Whether the High Court should entertain the application to interfere with the trial court proceedings.

Legislation cited

Subjects

  • Criminal Procedure
  • Inherent Powers
  • Section 482
  • Application Dismissed
  • Interim Order Vacated

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            LUCKNOW
                                                      APPLICATION U/S 482 No. - 1985 of 2017

                                     Smt. Shobha Devi
                                                                                                 .....Applicant(s)
                                                                        Versus

                                     State Of U.P. And Ors.
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                     Counsel for Applicant(s)                :    Piyush Chandra Agarwal
                                     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(s) to press this application.

                                    3. Learned A.G.A. for the State is present.

                                    4. The application U/s 482CrPC/528 BNSS is dismissed for want of
                                    prosecution.

                                    5. Interim order, if any, stands vacated.

                                    6. Consign to record.

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




                                                                                       (Shree Prakash Singh,J.)
                                    September 11, 2025
                                    MVS/-




Digitally signed by :-
MANOJ VIKRAM SINGH CHAUHAN
High Court of Judicature at Allahabad,
Lucknow Bench


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