Allahabad High Court
VARUN KUMAR MISHRAversusSTATE OF U.P. AND 8 OTHERS
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application is dismissed for want of prosecution due to the applicant's non‑appearance.
Summary
The applicant, Varun Kumar Mishra, filed an application under Section 482 of the Criminal Procedure Code seeking relief against the State of Uttar Pradesh and eight other respondents. The matter was listed before the High Court of Judicature at Allahabad, but the applicant's counsel failed to appear on the day of hearing. The court noted that the applicant had also been absent on a prior occasion when the application was listed. In the absence of any representation or prosecution of the application, the court dismissed the application for want of prosecution. Consequently, any interim order that may have been in force was vacated.
Issues considered
- What is the appropriate course of action when an applicant fails to appear for a hearing of an application under Section 482 of the CrPC?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- Inherent powers of High Court
- non‑appearance
- dismissal for want of prosecution
- interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 26835 of 2024
Varun Kumar Mishra
.....Applicant(s)
Versus
State Of U.P. And 8 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anju Bajpai, Santosh Kumar Shukla,
Virendra Kumar Shukla
Counsel for Opposite Party(s) : G.A., Krishna Kant Mishra, Vivek
Shukla
Court No. - 80
HON'BLE CHAWAN PRAKASH, J.
1. Case called on one is present on behalf of the applicant even in the
revised list.
2. A perusal of order-sheet shows that on earlier occasion also no one was
present on behalf of the applicant.
3. Accordingly, this application is dismissed for want of prosecution.
4. Interim order, if any, stands vacated.
(Chawan Prakash,J.)
March 18, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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