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Allahabad High Court

SMT. JYOTI JAISWAL AND 2 ORSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed for want of prosecution.

Summary

The petitioners filed an application under Section 482 of the Criminal Procedure Code in 2019 seeking relief. The matter was listed before the High Court but the petitioners failed to appear, even after a revised list. The State, represented by the learned Additional Government Advocate, was present. The Court observed that the application had been pending for several years without any prosecution by the petitioners. Consequently, the Court dismissed the application for want of prosecution and vacated any interim order. The trial court was directed to proceed with the case as per law.

Issues considered

  • Whether an application under Section 482 of the CrPC can be entertained when the petitioners fail to appear for prosecution?

Legislation cited

Subjects

  • Section 482
  • CrPC
  • application dismissed
  • want of prosecution
  • High Court
  • procedural law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 482 No. - 33427 of 2019

                                    Smt. Jyoti Jaiswal And 2 Ors
                                                                                                 .....Applicant(s)
                                                                       Versus

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

                                    Counsel for Applicant(s)      : Lakshmi Kant Pandey, Sunil Kumar
                                                                    Pandey
                                    Counsel for Opposite Party(s) : G.A., Krishna Kumar Chaurasia

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

                                    1. Case called on. No one is present on behalf of the applicants, even in
                                    the revised list.

                                    2. Learned A.G.A. is present for the State.

                                    3. Since this application is pending since 2019 and no one is present on
                                    behalf of the applicants to press this application, this application is
                                    dismissed for want of prosecution.

                                    4. Interim order, if any, stands vacated.

                                    5. The Trial Court is at liberty to proceed with the matter as per law.

                                    6. Let this order be communicated to the Trial Court concerned by the
                                    Registrar (Compliance).



                                                                                          (Chawan Prakash,J.)
                                    September 16, 2026
                                    Vijay




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

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