Allahabad High Court
PRATAP NARAIN GUPTA and ANR.versusSTATE OF U.P. and ANR.
- Decided
- Disposal
- Disposed off/Decided on merits
Holding
The application under Section 482 CrPC is dismissed for want of prosecution.
Summary
The petitioners, Pratap Narain Gupta and another, filed an application under Section 482 of the Criminal Procedure Code seeking relief, but they were not present in court. The State, represented by the learned Additional Government Advocate, was present. The High Court observed that there was no prosecution before it as the applicants failed to appear. Consequently, the Court dismissed the application for want of prosecution and vacated any interim order that had been previously granted. The order was directed to be communicated to the trial court immediately.
Issues considered
- What is the appropriate course of action when an application under Section 482 CrPC is filed without the applicant’s presence?
- Whether an interim order previously granted should remain in force when the application is dismissed for want of prosecution.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Application dismissed
- Interim order vacated
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 548 of 2017
Pratap Narain Gupta And Anr.
.....Applicant(s)
Versus
State Of U.P. And Anr.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajendra Prasad Shukla
Counsel for Opposite Party(s) : Govt. Advocate, Pranshu Agrawal
Court No. - 14
HON'BLE SHREE PRAKASH SINGH, J.
1. Case called out.
2. None is present for the applicant(s) to press this application.
3. Learned A.G.A. for the State is present.
4. The application U/s 482CrPC/528 BNSS is dismissed for want of
prosecution.
5. Interim order, if any, stands vacated.
6. Consign to record.
7. Office is directed to communicate this order to the learned trial Court
concerned forthwith.
(Shree Prakash Singh,J.)
September 22, 2025
MVS/-
Digitally signed by :-
MANOJ VIKRAM SINGH CHAUHAN
High Court of Judicature at Allahabad,
Lucknow Bench
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