Allahabad High Court
AMIT PRAKASH MISHRAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The application under Section 482 is dismissed for want of prosecution.
Summary
The applicant Amit Prakash Mishra filed an application under Section 482 of the Criminal Procedure Code seeking relief. The matter was listed on 21 April 2026, where the court noted that no one appeared on behalf of the applicant and only the State's counsel was present. The court vacated any interim order and ordered the case to be listed in the ordinary course. When the case was taken up again, still no representation for the applicant was present. Consequently, the court dismissed the application for want of prosecution and directed the order to be communicated to the lower court.
Issues considered
- What is the appropriate course of action when an application under Section 482 is filed but the applicant fails to appear for prosecution?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Dismissal
- Want of Prosecution
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 2365 of 2022
Amit Prakash Mishra
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjeev Kumar Khare
Counsel for Opposite Party(s) : G.A., Prabhat Kumar Singh, Rishi
Kumar Singh, Vineet Kumar Yadav
Along with :
1. Application U/s 482 No. 20519 of 2022:
Rajesh Mishra and 2 others
Versus
State of U.P. and another
Court No. - 82
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. On 21.04.2026, this Court passed the following order:-
"1. List revised. None appears for the applicant.
2. Learned A.G.A. for the State is present.
3. Interim order, if any, is vacated.
4. List in ordinary course."
2. Today when the case was taken up in the revised list, none
appears to press this application on behalf of the applicants.
3. Accordingly, the present application is dismissed for want of
prosecution.
4. Office is directed to communicate the order passed by this
Court to the concerned Court below.
(Dr. Gautam Chowdhary,J.)
May 5, 2026/S.Ali
Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad
Checking your session…