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Allahabad High Court

INDRAPAL AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The application under Section 482 is dismissed for want of prosecution.

Summary

The applicants filed an application under Section 482 of the Criminal Procedure Code seeking relief. No counsel appeared on behalf of the applicants on the scheduled date, nor had they appeared on the previous date of 17 May 2024. The learned Additional Government Advocate for the State was the only counsel present. The Court observed that the applicants had failed to prosecute their application and consequently dismissed it for want of prosecution. The interim order previously granted was vacated and the order was directed to be sent to the trial court.

Issues considered

  • What is the appropriate course of action when an application under Section 482 is not prosecuted by the applicants?

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Dismissal for want of prosecution
  • Interim order vacated
  • Inherent jurisdiction

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 482 No. - 24015 of 2021

                                    Indrapal And 3 Others
                                                                                                 .....Applicant(s)
                                                                       Versus

                                    State Of U.P. And 2 Others
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)      : Anil Kumar Pathak, Dharmendra
                                                                    Kumar Singh, Mahendra Pratap Singh,
                                                                    Vijay Laxmi
                                    Counsel for Opposite Party(s) : G.A., Pramod Kumar Sahani

                                    Court No. - 79
                                                      HON'BLE CHAWAN PRAKASH, J.

                                    1. Case called out in the revised list. None is present on behalf of either of
                                    the parties. However, learned A.G.A. for the State is present.

                                    2. The record shows that on the previous date, i.e., 17.5.2024, no one
                                    appeared on behalf of the applicants. Even today, none has appeared on
                                    behalf of the applicants to press the present application.

                                    3. In view of above, this application is dismissed for want of prosecution.

                                    4. Interim order, if any, stands vacated.

                                    5. Let a copy of this order be sent to the concerned trial court forthwith.



                                                                                           (Chawan Prakash,J.)
                                    May 12, 2026
                                    Md Faisal




Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad


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