Allahabad High Court
THANESHWAR PRASAD DUBEY AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 482 is dismissed for want of prosecution.
Summary
The applicants, Thaneshwar Prasad Dubey and another, filed an application under Section 482 of the Criminal Procedure Code before the Allahabad High Court. The matter was listed for hearing, but no counsel or party appeared on behalf of the applicants on the scheduled dates, including the revised call. The opposite party's counsel and the Additional Government Advocate were present. The Court observed that the applicants had failed to prosecute the application despite multiple listings. Consequently, the Court dismissed the application for want of prosecution and vacated any interim order that may have been in force, directing that a copy of the order 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 applicant despite being listed?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- Criminal Procedure Code
- procedural dismissal
- want of prosecution
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 26825 of 2021
Thaneshwar Prasad Dubey And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Bala Nath Mishra, Ram Vishal Mishra,
Sachin Mishra
Counsel for Opposite Party(s) : G.A., Mehul Khare, Rohan Gupta,
Saurabh Kesarwani
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. List revised.
2. None present for applicants even in revised call. However, learned
counsel for opposite party No.2 and learned AGA are present.
3. The record shows that on the previous date, i.e., 06.04.2026 no one
appeared on behalf of the applicants. Even today, none has appeared on
behalf of the applicants to press the present application.
4. In view of above, this application is dismissed for want of prosecution.
5. Interim order, if any, stands vacated.
4. 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
Checking your session…