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Allahabad High Court

SABHAJEETversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 482 is dismissed for want of prosecution.

Summary

The applicant filed an application under Section 482 of the Criminal Procedure Code seeking relief. The applicant failed to appear before the court even after a revised call on 6 January 2025. The State's brief holder, Shri B.N. Upadhyay, was present, but no representation was made for the applicant. The court noted the lack of prosecution and, pursuant to procedural rules, dismissed the application. The judgment was pronounced on 6 May 2026 by Justice Sanjay Kumar Pachori.

Issues considered

  • Whether an application under Section 482 can be dismissed for want of prosecution due to the applicant's non‑appearance?

Legislation cited

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                   APPLICATION U/S 482 No. - 44809 of 2024

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

                                    Counsel for Applicant(s)      : Antaryami Upadhyay, Salilendu Kumar
                                                                    Upadhyay
                                    Counsel for Opposite Party(s) : G.A.

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

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

                                    On 6.1.2025, none was present on behalf of the applicant.

                                    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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