Allahabad High Court
SANJAY CHHAWARAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application was dismissed for want of prosecution, and the interim order, if any, was vacated.
Summary
The applicant, Sanjay Chhawara, filed an application under Section 482 of the Criminal Procedure Code seeking relief against the State of U.P. and another party. The applicant's counsel was Bed Kant Mishra, while the respondents were represented by G.A., Surendra Kumar, and Virendra Singh Yadav. The High Court observed that the applicant failed to appear before the court on the scheduled date, and had also been absent on a prior occasion. Relying on the principle that an application must be prosecuted by the party filing it, the court dismissed the application for want of prosecution. Consequently, any interim order that may have been in force was vacated.
Issues considered
- Whether an application under Section 482 of the Criminal Procedure Code can be dismissed for want of prosecution when the applicant fails to appear before the court?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- High Court inherent powers
- non-appearance
- procedural default
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 47409 of 2023
Sanjay Chhawara
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Bed Kant Mishra
Counsel for Opposite Party(s) : G.A., Surendra Kumar, Virendra Singh
Yadav
Court No. - 80
HON'BLE CHAWAN PRAKASH, J.
1. Case called on one is present on behalf of the applicant even in the
revised list.
2. A perusal of order-sheet shows that on earlier occasion also no one was
present on behalf of the applicant.
3. Accordingly, this application is dismissed for want of prosecution.
4. Interim order, if any, stands vacated.
(Chawan Prakash,J.)
March 19, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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