Allahabad High Court
SMT. JYOTI JAISWAL AND 2 ORSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
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
- Code of Criminal Procedure, 1973 — s. 482
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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