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Allahabad High Court

HRIDAY NARAYAN MISHRA @ HRIDAYANAND MISHRAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 482 is dismissed for want of prosecution due to the applicant's non‑appearance.

Summary

The applicant filed an application under Section 482 of the Criminal Procedure Code in 2019 seeking the High Court's intervention. The matter remained pending for several years. On the date of hearing, no counsel appeared on behalf of the applicant, while the State was represented by its Additional Government Advocate. The Court observed that the application had been pending since 2019 and that the applicant had failed to appear or present counsel to press the application. Consequently, the Court dismissed the application for want of prosecution. The order was pronounced on 15 September 2026.

Issues considered

  • Whether an application under Section 482 can be entertained when the applicant fails to appear or present counsel.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Application dismissed
  • Want of prosecution
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                   APPLICATION U/S 482 No. - 47055 of 2019

                                    Hriday Narayan Mishra @ Hridayanand Mishra
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                    Counsel for Applicant(s)          : Anil Kumar Tiwari, Raj Kumar Mishra
                                    Counsel for Opposite Party(s)     : Deep Chand Singh, 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.

                                    September 15, 2026
                                    Vijay
                                                                                            (Chawan Prakash,J.)




Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad


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