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Allahabad High Court

SANJAY SWAMI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 482 is dismissed for want of prosecution, and the interim order is vacated.

Summary

The applicants filed an application under Section 482 of the Criminal Procedure Code seeking relief. The High Court had earlier ordered the applicants to deposit Rs.25,000 with its Mediation Centre, which they failed to do. No representative of the applicants appeared before the Court to pursue the application. Consequently, the Court dismissed the application for want of prosecution and vacated the interim order dated 23‑04‑2025. The trial court was directed to proceed with the case in accordance with law. The order was signed by Justice Chawan Prakash on 29 September 2026.

Issues considered

  • Whether the application under Section 482 can be entertained when the applicants have not complied with the Court’s order to deposit the mediation amount
  • Whether the interim order dated 23‑04‑2025 should be vacated due to the applicants’ non‑compliance

Legislation cited

Subjects

  • Section 482
  • Mediation Centre
  • interim order
  • non‑compliance
  • court's inherent powers
  • application dismissed

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 482 No. - 41080 of 2024

                                    Sanjay Swami And 2 Others
                                                                                                  .....Applicant(s)
                                                                       Versus

                                    State Of U.P. And Another
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                             :      Raj Kumar
                                    Counsel for Opposite Party(s)                        :      G.A.

                                    Court No. - 83
                                                      HON'BLE CHAWAN PRAKASH, J.

                                    1. Case called out in the revised list. None is present on behalf of
                                    applicants. However, learned A.G.A. for the State is present.

                                    2. As per the report of Mediation Centre of this Court dated 28.05.2025,
                                    the applicants failed to deposit the amount of Rs.25,000/- with the
                                    Mediation Centre in compliance of the order dated 23.04.2025 passed by
                                    this Court. Even today, none has appeared on behalf of the applicants to
                                    press the present application.

                                    3. In view of above, this application is dismissed for want of prosecution.

                                    4. Accordingly, the interim order granted by this Court, vide order dated
                                    23.04.2025 stands vacated.

                                    5. The Trial Court is at liberty to proceed in the matter in accordance with
                                    law.

                                    6. Let a copy of this order be sent to the concerned trial court forthwith.



                                                                                             (Chawan Prakash,J.)
                                    September 29, 2026
                                    Md Faisal




Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad


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