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Allahabad High Court

HASEENA BANOversusSTATE OF U.P. and ANR.

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The application under Section 482 is dismissed in default because the applicant's counsel was absent and no adjournment was requested.

Summary

An application under Section 482 of the Criminal Procedure Code was listed before the Allahabad High Court. The applicant, Haseena Bano, was represented by counsel Om Prakash Misra, while the State was represented by the Government Advocate. On the scheduled date, the applicant's counsel did not appear and no request for adjournment was made. The Court noted the absence of counsel and the lack of any request for postponement. Consequently, the Court dismissed the application in default.

Issues considered

  • Whether an application under Section 482 CrPC may be dismissed for default when the applicant's counsel fails to appear and no adjournment is sought

Legislation cited

Subjects

  • Criminal Procedure Code
  • Section 482
  • default dismissal
  • high court procedure
  • adjournment

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                              LUCKNOW
                                                      APPLICATION U/S 482 No. - 4642 of 2016

                                     Haseena Bano
                                                                                                .....Applicant(s)
                                                                        Versus

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

                                     Counsel for Applicant(s)                      :   Om Prakash Misra
                                     Counsel for Opposite Party(s)                 :   Govt. Advocate

                                    Court No. - 17
                                                         HON'BLE MANISH KUMAR, J.

                                    1. Case has been called in the revised list.

                                    2. Neither the learned counsel for the applicant/ petitioner is present nor
                                    any request has been made on his behalf for adjournment of the case.

                                    3. The application is dismissed in default.


                                                                                            (Manish Kumar,J.)
                                    August 26, 2025
                                    S. Kumar




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

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