Allahabad High Court
RAMESH VERMAversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application is dismissed for want of prosecution and the interim order is vacated.
Summary
Ramesh Verma filed an application under Section 482 of the Criminal Procedure Code in 2019 seeking relief against the State of Uttar Pradesh and two others. The application remained pending for several years, and no counsel appeared on behalf of the applicant when the matter was called. The State, represented by the Additional Government Advocate, was present. The Court held that an application cannot be entertained when the applicant fails to prosecute it, and therefore dismissed the application for want of prosecution, vacating any interim order that had been granted. The trial court was directed to proceed with the case as per law, and the order was to be communicated to the trial court.
Issues considered
- Whether an application under Section 482 can be entertained when the applicant does not appear to prosecute it
- Whether the interim order granted in the application should be vacated
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- inherent powers
- procedural default
- interim order
- trial court
- dismissal for want of prosecution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 46025 of 2019
Ramesh Verma
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Dileep Kumar Srivastava, Vinay
Kumar Pathak
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Case called on. No one is present on behalf of the applicant, even in the
revised list.
2. Learned A.G.A. is present for the State.
3. Since this application is pending since 2019 and no one is present on
behalf of the applicant to press this application, this application is
dismissed for want of prosecution.
4. Interim order, if any, stands vacated.
5. The Trial Court is at liberty to proceed with the matter as per law.
6. Let this order be communicated to the Trial Court concerned by the
Registrar (Compliance).
(Chawan Prakash,J.)
September 21, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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