Allahabad High Court
SHIV RAJ SINGHversusSTATE OF U.P.
- Decided
- Disposal
- Allowed/Partly Allowed on merits/Granted
- Bench
- PANKAJ BHATIA
Holding
The application is dismissed for want of prosecution.
Summary
Shiv Raj Singh filed an application under Section 482 of the Criminal Procedure Code (and Section 528) seeking relief against the State of Uttar Pradesh. No representative of the applicant appeared before the court to press the application. The learned Additional Government Advocate for the State was present. The court held that in the absence of any party to prosecute the application, it could not be entertained. Consequently, the application was dismissed for want of prosecution and the interim order previously granted was vacated. The order was directed to be communicated to the trial court and the record consigned.
Issues considered
- Whether an application under Section 482 CrPC can be entertained when the applicant is not present to prosecute it
- Whether the interim order previously granted should remain in force in the absence of a prosecuting party
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482, 528
Subjects
- Criminal Procedure
- Section 482
- Application dismissed
- Want of prosecution
- Interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 463 of 2006
Shiv Raj Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : R.N.Gupta, Devendra Pratap, Farhan
Alam Osmany, Muskan Bharti, Rahul
Kumar Shukla, Shashank Shekhar
Singh, Shivam Srivastava
Counsel for Opposite Party(s) : Govt.Advocate
Court No. - 14
HON'BLE SHREE PRAKASH SINGH, J.
1. Case called out.
2. None is present for the applicant(s) to press this application.
3. Learned A.G.A. for the State is present.
4. The application U/s 482CrPC/528 BNSS is dismissed for want of
prosecution.
5. Interim order, if any, stands vacated.
6. Consign to record.
7. Office is directed to communicate this order to the learned trial Court
concerned forthwith.
(Shree Prakash Singh,J.)
September 9, 2025
MVS/-
Digitally signed by :-
MANOJ VIKRAM SINGH CHAUHAN
High Court of Judicature at Allahabad,
Lucknow Bench
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