Allahabad High Court
SHIV RAM TIWARIversusSTATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- SHREE PRAKASH SINGH
Holding
The application under Section 482 is dismissed and the interim order is vacated.
Summary
Shiv Ram Tiwari filed an application under Section 482 of the Criminal Procedure Code seeking relief against the State of Uttar Pradesh. No counsel appeared for the applicant, while the Additional Government Advocate represented the State. An interim order had earlier been granted in favour of the applicant, but the required steps to implement it were not taken. The High Court, after noting the absence of the applicant’s representation and the pending compliance, dismissed the application and vacated the interim order. The order was directed to be communicated to the trial court immediately.
Issues considered
- Whether the High Court should entertain the application under Section 482 CrPC in the absence of the applicant’s counsel.
- Whether the previously granted interim order should remain in force.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure Code
- Section 482
- interim order
- vacated order
- application dismissal
- high court inherent powers
Judgment
Neutral Citation No. - 2025:AHC-LKO:46912
Court No. - 14
Case :- APPLICATION U/S 482 No. - 3066 of 2023
Applicant :- Shiv Ram Tiwari
Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko.
And Another
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Case is called out.
None is present on behalf of the applicant.
Learned Additional Government Advocate for the State is
present.
The matter is listed today under Chapter XII Rule 4 of the
Allahabad High Court Rules.
It is apparent that notice has been issued to opposite
party no. 2 and the interim order has already been
granted in favour of the applicant but the steps have not
been taken as yet.
This application is dismissed accordingly.
Interim order, if any, stands vacated.
Consigned to records.
Office is directed to communicate this order to the learned
trial court concerned forthwith.
Order Date :- 11.8.2025
kkv/
Digitally signed by :-
KRISHAN KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench
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