Created by Fuzzy Cloud

Allahabad High Court

DUJAI RAM AND 5 OTHERSversusSTATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME GOVT. LKO AND 3 OTHERS

Decided
Disposal
Allowed/Partly Allowed on merits/Granted

Holding

The petition was dismissed for want of prosecution.

Summary

The applicants, Dujai Ram and five others, filed an application under Section 482 of the Criminal Procedure Code seeking relief against the State of Uttar Pradesh and other respondents. No counsel appeared on behalf of the applicants to pursue the petition, although the State's standing counsel and counsel for the opposite party were present. The High Court observed the lack of prosecution by the applicants and dismissed the writ petition for want of prosecution. Consequently, any interim relief that had been granted was vacated. The order was pronounced by Justice Om Prakash Shukla on 23 July 2024.

Issues considered

  • Whether a writ petition under Section 482 can proceed in the absence of the applicant's representation or prosecution

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Writ Petition
  • Dismissal for Want of Prosecution
  • Interim Order Vacated

Judgment

                                                            Neutral Citation No. - 2024:AHC-LKO:49655

                                         Court No. - 30

                                         Case :- APPLICATION U/S 482 No. - 3029 of 2024

                                         Applicant :- Dujai Ram And 5 Others
                                         Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home
                                         Govt. Lko And 3 Others
                                         Counsel for Applicant :- Kirti Arya,Bajhul Quamar
                                         Siddiqui,Bhavana
                                         Counsel for Opposite Party :- G.A.,Prabh Jot Kaur

                                         Hon'ble Om Prakash Shukla,J.

                                         1. Case called out in the revised list.

                                         2. None appears on behalf of the applicants to press this
                                         petition. However, learned Standing Counsel for the State-
                                         respondent and learned counsel for opposite party are present.

                                         3. The instant writ petition is, accordingly, dismissed for want
                                         of prosecution.

                                         4. Interim order, if any, stands vacated.



                                                                                   (Om Prakash Shukla, J.)

                                         Order Date :- 23.7.2024
                                         Arnima




Digitally signed by :-
ARNIMA SINGH
High Court of Judicature at Allahabad,
Lucknow Bench


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.