Allahabad High Court
BAL KRISHNA DUBEY AND ANOTHERversusSTATE OF UP AND ANR
- Decided
- Bench
- CHAWAN PRAKASH
Holding
An application under Section 482 must be dismissed for want of prosecution if the applicants are not present or represented.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking relief, but failed to appear before the court. No counsel represented the applicants on the revised list, while the State’s Additional Government Advocate and the second opposite party were present. The court dismissed the application for want of prosecution, vacated any interim order that may have been in place, and directed that the trial court may proceed with the matter as per law. The order was to be communicated to the trial court by the registrar. The judgment reflects a procedural dismissal due to lack of representation.
Issues considered
- Whether an application under Section 482 can be entertained when the applicants are not represented before the court
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure Code
- Section 482
- application dismissal
- procedural default
- interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 36100 of 2019
Bal Krishna Dubey And Another
.....Applicant(s)
Versus
State Of Up And Anr
.....Opposite
Party(s)
Counsel for Applicant(s) : Gauri Shankar Dubey, Kamal Dev
Pandey
Counsel for Opposite Party(s) : G.A., Siddarth Jaiswal
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Case called on. No one is present on behalf of the applicants, even in the
revised list.
2. Learned A.G.A. for the State as well as opposite party no. 2 are present.
3. Since no one is present on behalf of the applicants to press this
application, this application is dismissed for want of prosecution.
4. Interim order, if any, stands vacated.
5. The Trial Court is at liberty to proceed with the matter as per law.
6. Let this order be communicated to the Trial Court concerned by the
Registrar (Compliance).
September 9, 2026
Vikram
(Chawan Prakash,J.)
Digitally signed by :-
VIKRAM SINGH
High Court of Judicature at Allahabad
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