Allahabad High Court

AKEEL AHMAD AND ORS.versusSTATE OF UP AND ORS.

Decided: 14 May 2026
Disposal: Dismiss other than merit(DD/Non Prosec./Abated)
Bench: ZAFEER AHMAD

Holding

The application under Section 482 Cr.P.C./528 B.N.S.S., 2023 is 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. No applicant appeared before the court to pursue the application, although counsel for the State was present. The court dismissed the application for want of prosecution, vacating any interim order that had been granted. The order was consigned to the records and the court directed that the trial court be informed of the dismissal. Consequently, the application was dismissed without any substantive consideration of its merits.

Issues considered

What is the effect of an application under Section 482 Cr.P.C. when the applicant fails to appear for prosecution?

Legislation cited

B.N.S.S., 2023 — s. 528
Code of Criminal Procedure, 1973 — s. 482

Subjects

Criminal Procedure
Section 482
Quash Application
Interim Order
Dismissal for Want of Prosecution

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                  LUCKNOW
                                                        APPLICATION U/S 482 No. - 4078 of 2016

                                     Akeel Ahmad And Ors.
                                                                                                 .....Applicant(s)
                                                                        Versus

                                     State Of Up And Ors.
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                     Counsel for Applicant(s)      : Sapana Verma, Mohak Srivastava,
                                                                     Shakeel Ahmad Jamal
                                     Counsel for Opposite Party(s) : Govt. Advocate, Mohammad Akram,
                                                                     Mohd.     Khalid    Amin  Khan,
                                                                     Mohd.Rizwan

                                    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 3, 2025
                                    Mohd. Sharif




Digitally signed by :-
MOHAMMAD SHARIF
High Court of Judicature at Allahabad,
Lucknow Bench

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