Allahabad High Court
SMT. MANISHA SAXENA and ORS.versusSTATE OF U.P. THRU. SECY. HOME DEPTT. CIVIL SECTT. LKO and ANR
- Decided
- Disposal
- Disposed off/Decided on merits
- Bench
- BRIJ RAJ SINGH
Holding
The application is dismissed for want of prosecution.
Summary
The applicants, Smt. Manisha Saxena and others, filed an application under Section 482 of the Criminal Procedure Code in 2016 seeking relief against the State of Uttar Pradesh. No counsel appeared on behalf of the applicants to press the application, while the State’s counsel was present. The Court observed that the application was very old and had not been prosecuted. Consequently, the Court dismissed the application for want of prosecution and vacated any interim order that had been granted. The order was pronounced on 20 August 2024 by Justice Om Prakash Shukla.
Issues considered
- Whether the application filed under Section 482 in 2016 should be entertained despite lack of prosecution.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- Inherent powers of High Court
- Dismissal for want of prosecution
- Stale application
- Criminal Procedure
Judgment
Court No. - 30
Case :- APPLICATION U/S 482 No. - 4740 of 2016
Applicant :- Smt. Manisha Saxena And Ors.
Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Civil
Sectt. Lko And Anr
Counsel for Applicant :- Gulam Mustafa
Counsel for Opposite Party :- Govt. Advocate,Anoop
Srivastava,Uma Kant Gupta
Hon'ble Om Prakash Shukla,J.
1. Case called out in revised list.
2. None appears on behalf of the applicants to press this
application. Learned Additional Government Advocate for
the State is present.
3. Since the present application is quite old and pertains to
the year 2016, it is dismissed for want of prosecution.
Interim order, if any, stands vacated.
(Om Prakash Shukla, J.)
Order Date :- 20.8.2024
Ajit
Digitally signed by :-
AJIT KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench
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