Allahabad High Court
UMA KANTversusTHE STATE OF U.P. and ANR.
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- SHREE PRAKASH SINGH
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
- B.N.S.S., 2023 — s. 528
- Code of Criminal Procedure, 1973 — s. 482
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
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