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Allahabad High Court

MAMTA SHUKLAversusTHE STATE OF U.P AND ANR.

Decided
Disposal
Disposed off/Decided on merits

Holding

The application is dismissed for want of prosecution.

Summary

The applicant, Mamta Shukla, filed an application under Section 482 of the Criminal Procedure Code and Section 528 of the B.N.S.S., 2023 before the Allahabad High Court. No representative appeared on behalf of the applicant to press the application, while counsel for the State was present. The Court observed the lack of prosecution and consequently dismissed the application. The interim order, if any, was vacated, and the matter was consigned to the records. The order was directed to be communicated to the trial court immediately.

Issues considered

  • Whether an application under Section 482 Cr.P.C. can be entertained in the absence of the applicant's prosecution.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quashment
  • Want of prosecution
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            LUCKNOW
                                                      APPLICATION U/S 482 No. - 4053 of 2015

                                     Mamta Shukla
                                                                                               .....Applicant(s)
                                                                      Versus

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

                                     Counsel for Applicant(s)          :   Dhirendra Kumar Mishra
                                     Counsel for Opposite Party(s)     :   Govt. Advocate, Ramesh Singh

                                    Court No. - 14
                                                     HON'BLE SHREE PRAKASH SINGH, J.

                                    1. Case called out.

                                    2. None is present for the applicant 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 1, 2025
                                    AKS




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

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