Allahabad High Court
KAILASH CHANDRA CHOURASIYA AND OTHERSversusSTATE OF U.P. THRU. ITS PRIN. SECY. HOME CIVIL SECTT. and ANR.
- Decided
- Disposal
- Allowed/Partly Allowed on merits/Granted
- Bench
- SHREE PRAKASH SINGH
Holding
The application is dismissed for want of prosecution.
Summary
The petitioners filed an application under Section 482 of the Criminal Procedure Code and Section 528 of the B.N.S.S., 2023 seeking relief. No petitioner appeared before the court to press the application, though counsel for the State was present. The High Court observed the lack of prosecution and the absence of the applicants, and consequently dismissed the application. The interim order previously granted was vacated. The order was consigned to the records and the court directed that the trial court be informed forthwith.
Issues considered
- Whether an application under Section 482 CrPC/Section 528 B.N.S.S., 2023 can be entertained in the absence of the applicants and without prosecution.
- Whether the interim order previously granted should remain in force.
Legislation cited
- B.N.S.S., 2023 — s. 528
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Application dismissed
- Want of prosecution
- Interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 3422 of 2016
Kailash Chandra Chourasiya And Others
.....Applicant(s)
Versus
State Of U.P. Thru. Its Prin. Secy. Home Civil
Sectt. And Anr. .....Opposite
Party(s)
Counsel for Applicant(s) : Anand Dubey
Counsel for Opposite Party(s) : Govt. Advocate, Md.Khurshed Ahmad
Court No. - 14
HON'BLE SHREE PRAKASH SINGH, J.
1. Case called out.
2. None is present for the applicants to press this application.
3. Learned counsel for the State is present.
4. The application under section 482 Cr.P.C./528 of the
B.N.S.S.,2023 is dismissed for want of prosecution.
5. Interim order, if any, stands vacated.
6. Consigned to records.
7. Office is directed to communicate this order to the trial court
concerned forthwith.
(Shree Prakash Singh,J.)
September 26, 2025
AKS
Digitally signed by :-
ANUJ KRISHNA SRIVASTAVA
High Court of Judicature at Allahabad,
Lucknow Bench
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