Allahabad High Court
MOHD. ASIF AND ANOTHERversusSTATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND 2 OTHERS
- Decided
- Disposal
- Allowed/Partly Allowed on merits/Granted
Holding
The application is dismissed for want of prosecution as the applicant's counsel was absent and no adjournment was sought.
Summary
Mohd. Asif and another filed an application under Section 482 of the Criminal Procedure Code against the State of Uttar Pradesh and other respondents. The applicants' counsel, Pradeep Kumar Tripathi, was not present in court to press the application. No request for adjournment was made on behalf of the applicants. The bench observed that without the presence of counsel or a request for time, the application could not be pursued. Consequently, the court dismissed the application for want of prosecution. The order was pronounced on 7 July 2025 by Justice Manish Kumar.
Issues considered
- Whether an application under Section 482 can be entertained in the absence of the applicant's counsel and without a request for adjournment.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- Criminal Procedure Code
- application dismissal
- want of prosecution
- court procedure
Judgment
Neutral Citation No. - 2025:AHC-LKO:38327
Court No. - 27
Case :- APPLICATION U/S 482 No. - 3174 of 2025
Applicant :- Mohd. Asif And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of
Home And 2 Others
Counsel for Applicant :- Pradeep Kumar Tripathi
Counsel for Opposite Party :- G.A.,Abdul Malik,Amar
Singh
Hon'ble Manish Kumar,J.
Case called out in the revised list.
Neither learned counsel for the applicants is present to
press this application nor any request has been made on
his behalf for adjournment of the case.
Accordingly, the present application is dismissed for want
of prosecution.
Order Date :- 7.7.2025
Nitesh
Digitally signed by :-
NITESH KUMAR TEWARY
High Court of Judicature at Allahabad,
Lucknow Bench
Checking your session…