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Allahabad High Court

AMIT PRAKASH MISHRAversusSTATE OF U.P. AND ANOTHER

Decided

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

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


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