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Allahabad High Court

JAGDISH SINGH YADAVversusSTATE OF UP AND ANOTHER

Decided

Holding

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

Summary

Jagdish Singh Yadav filed an application under Section 482 of the Criminal Procedure Code in 2019, seeking the High Court's inherent powers. The applicant's counsel did not appear, while counsel for the State and the other respondent were present. The Court observed that the application had been pending for several years and the applicant appeared to have lost interest in pursuing it. Consequently, the Court found no useful purpose in keeping the application alive. The application was therefore dismissed for want of prosecution, and any interim order previously granted was vacated, with a directive to inform the trial court.

Issues considered

  • Whether an application under Section 482 should be dismissed for want of prosecution when the applicant fails to appear and pursue the matter.

Legislation cited

Subjects

  • Section 482
  • inherent powers of High Court
  • dismissal for want of prosecution
  • pending application
  • criminal procedure

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 482 No. - 32888 of 2019

                                    Jagdish Singh Yadav
                                                                                                 .....Applicant(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)      : Hemlata Srivastava, Sandeep Kumar
                                                                    Shrivastava
                                    Counsel for Opposite Party(s) : G.A., Rajesh Kumar Singh

                                    Court No. - 83
                                                      HON'BLE CHAWAN PRAKASH, J.

                                    1. Case called out in the revised list. None is present on behalf of
                                    applicant. However, learned counsel for opposite party No.2 and learned
                                    A.G.A. for the State are present.

                                    2. This application is pending since 2019.

                                    3. It appears that the applicant has 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 29, 2026
                                    Md Faisal




Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad


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