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Allahabad High Court

DILSHAD AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 482 Cr.P.C. was dismissed for want of prosecution.

Summary

The applicants Dilshad and three others filed an application under Section 482 of the Criminal Procedure Code seeking to quash the charge sheet dated 16‑06‑2022 and the cognizance order dated 24‑02‑2023, and to stay further proceedings. Although two counsel were listed for the applicants, no one appeared to press the application, while the State’s counsel was present. The State filed a counter‑affidavit, but the applicants did not file a rejoinder. The High Court held that the application could not proceed without representation and dismissed it for want of prosecution. Consequently, any interim order was vacated and any pending applications were disposed of.

Issues considered

  • Whether an application under Section 482 Cr.P.C. can be entertained when the applicants are not represented in court.

Legislation cited

Subjects

  • Section 482
  • quash charge sheet
  • procedural dismissal
  • interim order vacated
  • criminal procedure
  • application dismissed

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    APPLICATION U/S 482 No. - 34681 of 2023

                                    Dilshad And 3 Others
                                                                                                     .....Applicant(s)
                                                                         Versus
                                    State of U.P. and Another
                                                                                                .....Opposite Party(s)

                                    Counsel for Applicant(s)              :   Daksha Yadav, Prem Chandra Patel
                                    Counsel for Opposite Party(s)         :   G.A.

                                    Court No. - 76
                                                                HON'BLE SAMIT GOPAL, J.

                                    1. List revised.

                                    2. No one appears on behalf of the applicants to press this application
                                    under Section 482 Cr.P.C. despite the fact that there are two learned
                                    counsels appearing in the matter. Sri Ajay Singh, learned AGA-I for the
                                    State is present.

                                    3. The present application under Section 482 Cr.P.C. has been filed by the
                                    applicants Dilshad, Lal Mohammad, Shahjahan and Riyasat Ali with
                                    the prayers to quas the impugned charge sheet dated 16.06.2022 as well as
                                    cognizance order dated 24.02.2023 passed by Additional Civil Judge (Jr.
                                    Div), Court No.8, Allahabad in Case No. 1881 of 2023 (State of U.P. Vs.
                                    Dilshad and others) arising out of Case Crime No. 140 of 2022, under
                                    Sections 498-A, 323, 506 IPC and Section 3/4 D.P. Act, P.S. Phoolpur,
                                    District Prayagraj and with a further prayer to stay the further proceedings
                                    of the aforesaid case, during the pendency of the present application.

                                    4. Counter affidavit dated 18.11.2025 of the State is on record to which
                                    there is no rejoinder affidavit on record.

                                    5. Since there is no representation on behalf of the applicants to press this
                                    application U/s 482 Cr.P.C. even in the revised, the same is dismissed for
                                    want of prosecution.

                                    6. Interim order, if any, stands vacated.

                                    7. Pending application(s), if any, shall stand disposed of.

                                    8. Registrar (Compliance) to communicate this order to the concerned
                                    trial court forthwith.
                                    September 18, 2026
                                    M. ARIF
                                                                                                   (Samit Gopal,J.)




Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad


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