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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

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

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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