Allahabad High Court
NOOR ALAM AND OTHERSversusSTATE OF U.P. AND ANR.
- Decided
- Disposal
- Disposed off/Decided on merits
- Bench
- PANKAJ BHATIA
Holding
The application under Section 482 CrPC is dismissed for want of prosecution due to the applicant's non‑appearance.
Summary
The petitioners filed an application under Section 482 of the Criminal Procedure Code (and Section 528) seeking relief, but no petitioner appeared before the court to pursue the application. The learned Additional Government Advocate for the State was present. The court dismissed the application on the ground of want of prosecution, i.e., the absence of the applicant to press the matter. Consequently, any interim order previously granted was vacated. The order was directed to be communicated to the trial court concerned.
Issues considered
- What is the effect of the applicant's non‑appearance on the maintainability of an application under Section 482 CrPC?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482, 528
Subjects
- Criminal Procedure Code
- Section 482
- Application dismissed
- Procedural default
- Non‑appearance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 2476 of 2016
Noor Alam And Others
.....Applicant(s)
Versus
State Of U.P. And Anr.
.....Opposite
Party(s)
Counsel for Applicant(s) : Srees Kumar Srivastava
Counsel for Opposite Party(s) : Govt. Advocate
Court No. - 14
HON'BLE SHREE PRAKASH SINGH, J.
1. Case called out.
2. None is present for the applicant(s) to press this application.
3. Learned A.G.A. for the State is present.
4. The application U/s 482CrPC/528 BNSS is dismissed for want of
prosecution.
5. Interim order, if any, stands vacated.
6. Consign to record.
7. Office is directed to communicate this order to the learned trial Court
concerned forthwith.
(Shree Prakash Singh,J.)
September 4, 2025
MVS/-
Digitally signed by :-
MANOJ VIKRAM SINGH CHAUHAN
High Court of Judicature at Allahabad,
Lucknow Bench
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