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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

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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