Allahabad High Court
RAM ASARE SETHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 482 is dismissed for want of prosecution, and the interim order is vacated.
Summary
The applicant, Ram Asare Seth, filed an application under Section 482 of the Criminal Procedure Code (No. 2266 of 2019) seeking relief against the State of U.P. and another. The matter was listed before the High Court, but the applicant failed to appear, even after being listed on the revised list. Counsel for the opposite parties were present. The Court observed that the application had been pending since 2019 and, due to the applicant's non‑appearance, dismissed it for want of prosecution. Consequently, any 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
- What is the appropriate course of action when an applicant fails to appear for a pending Section 482 application?
- Can an interim order issued in a Section 482 application be vacated upon dismissal for want of prosecution?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- inherent powers of High Court
- non‑appearance
- want of prosecution
- interim order vacated
- trial court proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 2266 of 2019
Ram Asare Seth
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pravin Kumar Srivastava
Counsel for Opposite Party(s) : Ajai Kumar Malviya, 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. 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. 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).
(Chawan Prakash,J.)
September 16, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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