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Allahabad High Court

SARTHAK KAUSHIK AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed for non-prosecution due to the applicants' failure to appear.

Summary

The applicants, Sarthak Kaushik and another, filed an application under Section 482 of the Criminal Procedure Code seeking relief against the State of U.P. and another. No counsel appeared on behalf of the applicants even after a revised call, while the State's counsel was present. The court observed that the matter had become infructuous due to the applicants' non-appearance. Consequently, the application was dismissed for non-prosecution, and any interim order previously granted was vacated. No substantive merits of the application were considered.

Issues considered

  • Whether an application under Section 482 can be entertained when the applicants fail to appear before the court

Legislation cited

Subjects

  • Section 482
  • Criminal Procedure Code
  • non-prosecution
  • application dismissal
  • inherent powers of High Court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      APPLICATION U/S 482 No. - 44203 of 2024

                                    Sarthak Kaushik And Another
                                                                                                   .....Applicant(s)
                                                                        Versus

                                    State of U.P. and Another
                                                                                                      .....Opposite
                                                                                                            Party(s)

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

                                    Court No. - 80
                                                      HON'BLE VIVEK KUMAR SINGH, J.

                                    1. None appears on behalf of the applicants to press this application, even in
                                    the revised call, though the learned A.G.A. for the State is present.

                                    2. It appears that the matter has become infructuous, therefore, the learned
                                    counsel for the applicants is not appearing.

                                    3. Accordingly, the present application is dismissed for non-prosecution.

                                    4. Interim order, if any, stands vacated.


                                                                                         (Vivek Kumar Singh,J.)
                                    May 12, 2026
                                    Radhika




Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad


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