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Allahabad High Court

TASABBARversusSTATE OF U.P. AND 10 OTHERS

Decided

Holding

The application is dismissed for want of prosecution.

Summary

An application under Section 482 of the Criminal Procedure Code (No. 46372 of 2019) was filed by Tasbbar against the State of U.P. and ten others. The matter was listed but the applicant's counsel did not appear, while the Attorney General for the State was present. The court observed that the applicant had apparently lost interest in pursuing the case and that continuing the application would serve no useful purpose. Consequently, the court dismissed the application for want of prosecution and vacated any interim order that had been issued. The order was directed to be sent to the concerned trial court immediately.

Issues considered

  • Whether the application under Section 482 should be allowed to proceed in the absence of the applicant's representation
  • Whether the interim order, if any, should remain in force

Legislation cited

Subjects

  • Section 482
  • inherent powers
  • want of prosecution
  • interim order vacated
  • Allahabad High Court
  • application dismissal

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 482 No. - 46372 of 2019

                                    Tasabbar
                                                                                                 .....Applicant(s)
                                                                       Versus

                                    State Of U.P. And 10 Others
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)      : Radhey Shyam Shukla, Vipul Shukla
                                    Counsel for Opposite Party(s) : G.A.

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

                                    1. Case called out in the revised list. None is present on behalf of
                                    applicant. 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 18, 2026
                                    Md Faisal




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

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