Allahabad High Court
SMT. RAKHI @ REKHA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 482 is dismissed for want of prosecution.
Summary
The petitioners, Smt. Rakhi @ Rekha and two others, filed an application under Section 482 of the Criminal Procedure Code in 2019 seeking the High Court's inherent jurisdiction to intervene in a criminal proceeding. The matter was listed but no counsel for either side appeared, although the State's Additional Government Advocate was present. The Court observed that the petitioners appeared to have lost interest in pursuing the application, which had remained pending for several years. Consequently, the Court dismissed the application for want of prosecution, deeming further continuation purposeless. The interim order previously granted was vacated, and the order was directed to be communicated to the trial court.
Issues considered
- What is the appropriate course of action when an application under Section 482 remains pending for an extended period without any prosecution by the parties?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- inherent powers of High Court
- want of prosecution
- interim order vacated
- application dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 28079 of 2019
Smt. Rakhi @ Rekha And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Santosh Kumar Shukla
Counsel for Opposite Party(s) : Anvir Singh, G.A., Ghan Shyam Yadav
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Case called out in the revised list. None is present on behalf of either of
the parties. However, learned A.G.A. for the State is present.
2. This application is pending since 2019.
3. It appears that the applicants have lost interest to pursue the case, hence
no useful purpose would be served to keep this application pending.
4. In view of above, this application is dismissed for want of prosecution.
5. Interim order, if any, stands vacated.
6. Let a copy of this order be sent to the concerned trial court forthwith.
(Chawan Prakash,J.)
September 30, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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