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Allahabad High Court

MOHD. SUHAIL AND 5 OTHERSversusSTATE OF U.P. THRU. A.C.S/ PRIN. SECY. DEPTT. HOME GOVT. LKO AND ANOTHER

Decided
Disposal
Disposed off/Decided on merits

Holding

The application under Section 482 is dismissed for want of prosecution.

Summary

The applicants, Mohd. Suhail and five others, filed an application under Section 482 of the Code of Criminal Procedure (CrPC) (No. 5475 of 2024) before the Allahabad High Court, Lucknow Bench, seeking relief against the State of Uttar Pradesh and other respondents. No counsel appeared on behalf of the applicants to press the application, while counsel for the respondents was present. The Court observed that the application was not prosecuted and therefore could not be entertained. Consequently, the application was dismissed for want of prosecution. The interim order that had been passed earlier was vacated.

Issues considered

  • What is the appropriate procedure for prosecuting an application under Section 482 of the CrPC?
  • Whether the application can be dismissed for want of prosecution?

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Application dismissed
  • Want of prosecution
  • Interim order vacated

Judgment

                                                                               Neutral Citation No. - 2024:AHC-LKO:69473




                                         Court No. - 28
                                         Case :- APPLICATION U/S 482 No. - 5475 of 2024
                                         Applicant :- Mohd. Suhail And 5 Others
                                         Opposite Party :- State Of U.P. Thru. A.C.S/ Prin. Secy. Deptt. Home
                                         Govt. Lko And Another
                                         Counsel for Applicant :- Mohd Najrul Abdeen,Prince Kumar
                                         Tripati,Shaista Parveen
                                         Counsel for Opposite Party :- G.A.,Shailendra Kumar Tiwari

                                         Hon'ble Brij Raj Singh,J.

                                         Case called out in the revised list. None appears
                                         on behalf of the applicants to press this
                                         application.

                                         Learned counsel for the respondents is present.

                                         The application             is   dismissed           for      want         of
                                         prosecution.

                                         Interim order, if any, stands vacated.

                                         Order Date :- 15.10.2024
                                         Pks




Digitally signed by :-
POOJA SETH
High Court of Judicature at Allahabad,
Lucknow Bench


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