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Allahabad High Court

RAJNISH KUMAR SHARMAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

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

Summary

The applicant, Rajnish Kumar Sharma, filed an application under Section 482 of the Criminal Procedure Code (No. 45143 of 2019) against the State of U.P. and another party. The application remained pending for several years without any appearance by the parties, and the applicant appeared to have lost interest in pursuing the matter. The High Court noted the prolonged inactivity and the absence of counsel for either side, except for the State's A.G.A. The Court held that there was no useful purpose in keeping the application alive and dismissed it for want of prosecution. Consequently, any interim order previously granted was vacated, and the order was to be communicated to the trial court.

Issues considered

  • What is the appropriate course of action when an application under Section 482 remains pending for an extended period without any prosecution by the parties?

Legislation cited

Subjects

  • Section 482
  • inherent powers of High Court
  • want of prosecution
  • pending application
  • procedural default

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 482 No. - 45143 of 2019

                                    Rajnish Kumar Sharma
                                                                                                 .....Applicant(s)
                                                                       Versus

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

                                    Counsel for Applicant(s)               :    Neeraj Rai, Prateek Rai
                                    Counsel for Opposite Party(s)          :    G.A., Santosh Kumar Singh

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

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

                                    2. This application is pending since 2019.

                                    3. It appears that the applicant has lost interest to pursue the case, hence
                                    no useful purpose would be served to keep this application pending.

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

                                    5. Interim order, if any, stands vacated.

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



                                                                                           (Chawan Prakash,J.)
                                    September 21, 2026
                                    Md Faisal




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

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