Created by Fuzzy Cloud

Allahabad High Court

UMA KANTversusTHE STATE OF U.P. and ANR.

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

Holding

The application under Section 482 CrPC/528 B.N.S.S., 2023 is dismissed for want of prosecution.

Summary

The applicant, Uma Kant, filed an application under Section 482 of the Criminal Procedure Code and Section 528 of the B.N.S.S., 2023, seeking relief from the trial court. No representative appeared on behalf of the applicant to press the application, while counsel for the State was present. The High Court, noting the absence of the applicant and the lack of prosecution of the application, dismissed it for want of prosecution. Consequently, any interim order previously granted was vacated. The order was communicated to the trial court for compliance.

Issues considered

  • What is the appropriate course of action when an application under Section 482 CrPC is filed without the applicant's presence?
  • Should the interim order previously granted be vacated upon dismissal of the application for want of prosecution?

Legislation cited

Subjects

  • Criminal Procedure
  • Inherent Jurisdiction
  • Dismissal for Want of Prosecution
  • Interim Order Vacated

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             LUCKNOW

                                                     APPLICATION U/S 482 No. - 4748 of 2016

                                     Uma Kant
                                                                                                      .....Applicant(s)
                                                                        Versus
                                     The State Of U.P. And Anr.
                                                                                                         .....Opposite
                                                                                                               Party(s)

                                     Counsel for Applicant(s)           :   Sushil Pandey, Punit Kumar Shukla
                                     Counsel for Opposite Party(s)      :   Govt. Advocate

                                    Court No. - 14
                                                     HON'BLE SHREE PRAKASH SINGH, J.

                                    1. Case called out.

                                    2. None is present for the applicant to press this application.

                                    3. Learned counsel for the State is present.

                                    4. The application under section 482 Cr.P.C./528 of the B.N.S.S.,2023 is
                                    dismissed for want of prosecution.

                                    5. Interim order, if any, stands vacated.

                                    6. Consigned to records.

                                    7. Office is directed to communicate this order to the trial court concerned
                                    forthwith


                                    September 4, 2025
                                    Mayank
                                                                                         (Shree Prakash Singh,J.)




Digitally signed by :-
MAYANK PRATAP SINGH
High Court of Judicature at Allahabad,
Lucknow Bench


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.