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Allahabad High Court

KARUNA SADAN DIXITversusSTATE OF U.P. and ANR.

Decided
Disposal
Allowed/Partly Allowed on merits/Granted

Holding

The application under Section 482 Cr.P.C. was dismissed for want of prosecution, and the interim order was vacated.

Summary

The applicant, Karuna Sadan Dixit, filed an application under Section 482 of the Criminal Procedure Code (No. 4515 of 2017) before the Allahabad High Court seeking relief against the State of Uttar Pradesh. The application was to be heard in Court No. 14 before Hon'ble Justice Prakash Singh. No counsel or representative appeared on behalf of the applicant to press the application, although the learned Additional Government Advocate was present for the State. The Court observed that the application could not be proceeded with due to the absence of the applicant, constituting a want of prosecution. Consequently, the application was dismissed and any interim order previously granted was vacated. The order was directed to be communicated to the trial court immediately.

Issues considered

  • Can an application under Section 482 Cr.P.C. be entertained in the absence of the applicant?
  • Should the interim order previously granted be vacated upon dismissal of the application?

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Application dismissed
  • Interim order vacated
  • Want of prosecution

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            LUCKNOW
                                                     APPLICATION U/S 482 No. - 4515 of 2017

                                     Karuna Sadan Dixit
                                                                                            .....Applicant(s)
                                                                     Versus

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

                                     Counsel for Applicant(s)    : Mohammad Irfan Siddiqui, Chandra
                                                                   Shekhar Pandey, Kaushal Kishore
                                                                   Tewari, Pal Singh Yadav, Sanjay
                                                                   Kumar Yadav
                                     Counsel for Opposite Party(s)
                                                                 : Govt. Advocate, Suyesh Pradhan

                                    Court No. - 14
                                                     HON'BLE SHREE PRAKASH SINGH, J.

                                    Case is called out.

                                    None is present on behalf of the applicant to press this application.

                                    Learned AGA for the State is present.

                                    In view of the above, the instant application U/s 482 Cr.P.C. is
                                    dismissed for want of prosecution.

                                    Interim order, if any, stands vacated.

                                    Consigned to records.

                                    Office is directed to communicate this order to the trial court
                                    concerned, forthwith.



                                    September 15, 2025
                                    kkv/                                        (Shree Prakash Singh,J.)




Digitally signed by :-
KRISHAN KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench


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