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Allahabad High Court

AJUGYA NARAIN TIWARI AND ORS.versusTHE STATE OF U.P AND ANR.

Decided
Disposal
Allowed/Partly Allowed on merits/Granted

Holding

The application under Section 482 Cr.P.C. and Section 528 B.N.S.S., 2023 was dismissed for want of prosecution.

Summary

The applicants filed an application under Section 482 of the Criminal Procedure Code and Section 528 of the B.N.S.S., 2023 seeking relief, but no applicant appeared before the court. The State's counsel was present. The High Court dismissed the application on the ground of want of prosecution, vacated any interim order that had been passed, and directed that the order be communicated to the trial court. The matter was consigned to the records. No substantive merits were addressed as the application was not pursued.

Issues considered

  • What is the appropriate exercise of the High Court's inherent jurisdiction under Section 482 Cr.P.C. when an application is filed without the applicant's presence?

Legislation cited

Subjects

  • Criminal Procedure
  • Inherent Jurisdiction
  • Section 482
  • Application Dismissed
  • Interim Order Vacated

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            LUCKNOW
                                                      APPLICATION U/S 482 No. - 3591 of 2014

                                     Ajugya Narain Tiwari And Ors.
                                                                                               .....Applicant(s)
                                                                      Versus

                                     The State Of U.P And Anr.
                                                                                                  .....Opposite
                                                                                                        Party(s)

                                     Counsel for Applicant(s)        : Jai Ram Singh Yadav
                                     Counsel for Opposite Party(s)   : Govt. Advocate, Uma Kant Verma

                                    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 8, 2025
                                    AKS




Digitally signed by :-
ANUJ KRISHNA SRIVASTAVA
High Court of Judicature at Allahabad,
Lucknow Bench


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