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Allahabad High Court

SMT KANCHAN DEVI AND 3 OTHERSversusState of U.P. AND ANOTHER

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

Holding

The application under Section 482 is dismissed for want of prosecution.

Summary

The applicants, Smt Kanchan Devi and three others, filed an application under Section 482 of the Criminal Procedure Code seeking relief. The matter was listed repeatedly, but the applicants failed to appear on both occasions, and their counsel, J.S. Baghel, showed no interest in pursuing the application. The State, represented by G.A., was present. The court noted the lack of prosecution by the applicants and, in the interest of justice, dismissed the application for want of prosecution. The order was dated 20 August 2025.

Issues considered

  • Whether an application under Section 482 can be dismissed for want of prosecution due to non-appearance of the applicants?

Legislation cited

Subjects

  • Section 482
  • procedural dismissal
  • want of prosecution
  • High Court
  • criminal procedure

Judgment

                                        Court No. - 73

                                        Case :- APPLICATION U/S 482 No. - 32164 of 2024

                                        Applicant :- Smt Kanchan Devi And 3 Others
                                        Opposite Party :- State of U.P. and Another
                                        Counsel for Applicant :- J.S. Baghel
                                        Counsel for Opposite Party :- G.A.

                                        Hon'ble Dinesh Pathak,J.

                                        1. List revised. None appeared for the applicants. However,
                                        learned A.G.A. for the State is present.

                                        2. On last occasion as well, no one was present for the applicants.
                                        For ready reference, previous order dated 05.08.2025 is quoted
                                        herein below:

                                        "1. Case called out in the revised list.

                                        2. None appears on behalf of the applicants to press the instant application.

                                        3. In the interest of justice, put up this matter again as fresh on 20.8.2025."

                                        3. It appears that learned counsel for the applicants is no more
                                        interested in pursuing the instant application.

                                        4. As such, instant application is dismissed for want of
                                        prosecution.

                                        Order Date :- 20.8.2025
                                        Sumit K.




Digitally signed by :-
SUMIT KUMAR
High Court of Judicature at Allahabad


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