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Allahabad High Court

MALKEET SHARMAversusTHE STATE OF U.P AND ANR.

Decided
Disposal
Dismissed on merits/Rejected

Holding

The application is dismissed for want of prosecution.

Summary

Malkeet Sharma filed an application under Section 482 of the Criminal Procedure Code and Section 528 of the B.N.S.S., 2023 seeking relief in the High Court of Judicature at Allahabad, Lucknow Bench. No representative appeared on behalf of the applicant, while the learned Additional Government Advocate for the State was present. 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 trial court immediately.

Issues considered

  • Whether an application under Section 482 CrPC/Section 528 B.N.S.S., 2023 can be entertained in the absence of the applicant.
  • Whether the interim order, if any, should remain in force.

Legislation cited

Subjects

  • Criminal Procedure
  • Inherent Powers of Court
  • Application Dismissed
  • Want of Prosecution
  • Interim Order Vacated

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             LUCKNOW

                                                     APPLICATION U/S 482 No. - 2342 of 2014

                                     Malkeet Sharma
                                                                                                      .....Applicant(s)
                                                                        Versus
                                     The State Of U.P And Anr.
                                                                                                         .....Opposite
                                                                                                               Party(s)

                                     Counsel for Applicant(s)      : Dharmendra Kumar Singh, Sarojini Bala
                                                                     Yadav
                                     Counsel for Opposite Party(s) : Govt.Advocate, A.Z. Siddiqui

                                    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 A.G.A. 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. Office is directed to communicate this order to the trial court concerned,
                                    forthwith.

                                    7. Consigned to the records.

                                    August 29, 2025
                                    Mayank

                                                                                         (Shree Prakash Singh,J.)




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

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