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Allahabad High Court

AARISH ROSHAN AND 6 OTHERSversusState of UP AND ANOTHER

Decided

Holding

The application under Section 482 was dismissed as not pressed.

Summary

The applicants filed an application under Section 482 of the Criminal Procedure Code seeking relief, but their counsel later informed the court that the application should not be pursued due to factual defects in the compromise. The counsel requested that the application be dismissed as not pressed, with liberty to file a fresh application later. The court accepted this request and dismissed the application as not pressed. The order was passed in the presence of the learned Additional Government Advocate for the State. No substantive merits of the original application were considered. The dismissal was procedural, based solely on the applicants’ decision not to press the matter.

Issues considered

  • Whether an application under Section 482 can be dismissed as not pressed at the request of the applicant’s counsel

Legislation cited

Subjects

  • Section 482
  • application dismissed
  • compromise
  • high court inherent powers
  • not pressed

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                   APPLICATION U/S 482 No. - 36197 of 2024

                                    Aarish Roshan And 6 Others
                                                                                                  .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)      : Ajay Kumar Srivastava, Om Prakash
                                                                    Yadav, Ram Lakhan Prajapati, Sanjay
                                                                    Kumar Srivastava, Sunil Kumar Yadav,
                                                                    Yashpal Yadav
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 81
                                                       HON'BLE MADAN PAL SINGH, J.

                                    1. Sri Rahul Kumar Tiwari, Advocate holding brief of Sri Ajay Kumar
                                    Srivastava, learned counsel for the applicants, states that he does not wish to
                                    press the present application due to some factual defects in the compromise
                                    and, therefore, prays that the same be dismissed as not pressed with the
                                    liberty to file fresh application.

                                    2. In view of the statement made by learned counsel for the applicant, the
                                    present application is dismissed as not pressed with aforesaid liberty.

                                    3. This order has been passed in the presence of learned AGA for the State.

                                    September 8, 2026
                                    Akbar
                                                                                           (Madan Pal Singh,J.)




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

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