Allahabad High Court
KISHOR KUMAR @ RINKU AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 482 is dismissed for want of prosecution, and the interim order is vacated.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking relief against the State of Uttar Pradesh. The matter had been pending since 2019. On the hearing date, no representative appeared for the applicants, while the State was represented by its Additional Government Advocate. The High Court dismissed the application for want of prosecution and vacated any interim order previously granted. The court directed that the trial court may proceed with the case as per law. The order was to be communicated to the trial court by the registrar.
Issues considered
- Whether an application under Section 482 can be entertained when the applicants fail to appear for prosecution of the application
- Whether the interim order previously granted should remain in force in the absence of the applicants
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- inherent powers of High Court
- non-appearance
- interim order vacated
- trial court proceedings
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 47727 of 2019
Kishor Kumar @ Rinku And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vishal Agarwal
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Case called on. No one is present on behalf of the applicants, 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 applicants to press this application, this application is
dismissed for want of prosecution.
4. Interim order, if any, stands vacated.
5. The Trial Court is at liberty to proceed with the matter as per law.
6. Let this order be communicated to the Trial Court concerned by the
Registrar (Compliance).
(Chawan Prakash,J.)
September 21, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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