Created by Fuzzy Cloud

Allahabad High Court

SHIV RAJ SINGHversusSTATE OF U.P.

Decided
Disposal
Allowed/Partly Allowed on merits/Granted

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.