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Allahabad High Court

DR. BABY TABASSUM HAROONversusSTATE OF U.P. AND ANR.

Decided
Disposal
Disposed off/Decided on merits

Holding

The application under Section 482 CrPC was dismissed for want of prosecution.

Summary

Dr. Baby Tabassum Haroon filed an application under Section 482 of the Code of Criminal Procedure seeking relief against the State of U.P. and others. The matter was listed and subsequently placed on a revised list, but no counsel appeared on behalf of the applicant. The court noted the absence of prosecution and held that the application could not proceed without representation. Consequently, the application was dismissed for want of prosecution. The interim order that had been passed earlier was vacated. The order was pronounced on 15 April 2025 by Justice Saral Srivastava.

Issues considered

  • Whether an application under Section 482 CrPC may be dismissed for want of prosecution when the applicant's counsel fails to appear.

Legislation cited

Subjects

  • Criminal Procedure Code
  • Section 482
  • Dismissal for want of prosecution
  • Interim order vacated
  • High Court

Judgment

                                                           Neutral Citation No. - 2025:AHC-LKO:21210

                                         Court No. - 19

                                         Case :- APPLICATION U/S 482 No. - 3591 of 2016

                                         Applicant :- Dr. Baby Tabassum Haroon
                                         Opposite Party :- State Of U.P. And Anr.
                                         Counsel for Applicant :- Rajesh Chandra Mishra,Akhilesh
                                         Kumar Kalra
                                         Counsel for Opposite Party :- Govt. Advocate,Dhirendra
                                         Pratap Shahi,Kunwar Ravi Prakash,Rafat Farooqui,Zafaryab
                                         Jilani

                                         Hon'ble Saral Srivastava,J.

                                         None for the applicant even when the case is called in revised
                                         list.

                                         The application is dismissed for want of prosecution.

                                         Interim order, if any, stands vacated.

                                         Order Date :- 15.4.2025
                                         S.Sharma




Digitally signed by :-
SUNIL KUMAR SHARMA
High Court of Judicature at Allahabad,
Lucknow Bench


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