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Allahabad High Court

ABDUL KAREEMversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The application is dismissed for want of prosecution.

Summary

The applicant, Abdul Kareem, filed an application under Section 482 of the Criminal Procedure Code seeking relief. Both parties failed to appear for the hearing, and even the revised call saw no representation from the applicant, though a brief holder for the State was present. The court noted the lack of prosecution of the application. Consequently, the judge dismissed the application for want of prosecution. No substantive merits of the application were considered.

Issues considered

  • Whether an application under Section 482 CrPC can be entertained when the applicant fails to appear for the hearing

Legislation cited

Subjects

  • Section 482
  • Criminal Procedure Code
  • procedural dismissal
  • want of prosecution
  • court application

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                   APPLICATION U/S 482 No. - 44397 of 2024

                                    Abdul Kareem
                                                                                                 .....Applicant(s)
                                                                       Versus
                                    State Of U.P. And 3 Others
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)        : Manish Kumar, Sumit Kumar Srivastava
                                    Counsel for Opposite Party(s)   : G.A., Manish Kumar Tripathi

                                    Court No. - 76
                                                  HON'BLE SANJAY KUMAR PACHORI, J.

                                    None appears for both the sides even in the revised call, however, Shri B.N.
                                    Upadhyay, learned brief holder for the State is present.

                                    On 3.1.2025, none was present on behalf of the applicant even in the revised
                                    call.

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

                                    May 6, 2026
                                    T. Sinha
                                                                                    (Sanjay Kumar Pachori,J.)




Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad


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