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Allahabad High Court

NOOR ALAM AND OTHERSversusSTATE OF U.P. AND ANR.

Decided
Disposal
Disposed off/Decided on merits

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

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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