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Allahabad High Court

SURESH SONI and ORS.versusSTATE OF U.P. THRU. PRIN. SECY.HOME DEPTT. and ANR.

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The application under Section 482 CrPC was dismissed for want of prosecution.

Summary

The petitioners, Suresh Soni and others, filed an application under Section 482 of the Criminal Procedure Code (No. 2748 of 2017) seeking relief against the State of Uttar Pradesh. No counsel appeared on behalf of the petitioners to press the application, while the learned Additional Government Advocate for the State was present. The High Court observed the lack of prosecution and consequently dismissed the application. The Court also vacated any interim order that had been previously granted. The order was directed to be communicated to the trial court immediately.

Issues considered

  • Whether an application under Section 482 CrPC can be entertained in the absence of any petitioner or counsel to prosecute it

Legislation cited

Subjects

  • Section 482
  • Criminal Procedure Code
  • Application dismissed
  • Procedural default
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            LUCKNOW
                                                     APPLICATION U/S 482 No. - 2748 of 2017

                                     Suresh Soni And Ors.
                                                                                           .....Applicant(s)
                                                                     Versus

                                     State Of U.P. Thru. Prin. Secy.Home Deptt.
                                     And Anr.                                                 .....Opposite
                                                                                                    Party(s)

                                     Counsel for Applicant(s)     : Amol Kumar, Amar Singh
                                     Counsel for Opposite Party(s): Govt. Advocate, Satyendra Kumar
                                                                    Tripathi

                                    Court No. - 14
                                                     HON'BLE SHREE PRAKASH SINGH, J.

                                    Case is called out.

                                    None is present on behalf of the applicants to press this application.

                                    Learned AGA for the State is present.

                                    In view of the above, the instant application U/s 482 Cr.P.C. is
                                    dismissed for want of prosecution.

                                    Interim order, if any, stands vacated.

                                    Consigned to records.

                                    Office is directed to communicate this order to the trial court
                                    concerned, forthwith.


                                    September 12, 2025
                                    kkv/
                                                                                (Shree Prakash Singh,J.)




Digitally signed by :-
KRISHAN KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench


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