Allahabad High Court
DIVYA PRAKASH MISHRAversusSTATE OF U.P. and ANOTHER
- Decided
- Disposal
- DISMISSED AS WITHDRAWN
Holding
The application is dismissed for want of prosecution.
Summary
The applicant, Divya Prakash Mishra, filed an application under Section 482 of the Criminal Procedure Code. The applicant failed to appear before the court on multiple scheduled dates, including the last hearing on 23 November 2022, while counsel for the State and the second opposite party were present. The court inferred that the applicant had lost interest in prosecuting the matter. Consequently, the court dismissed the application for want of prosecution and vacated any interim orders that may have been in place. The order was pronounced on 1 December 2022 by Justice Mohd. Faiz Alam Khan.
Issues considered
- Whether the application under Section 482 CrPC should be dismissed for want of prosecution due to the applicant's non‑appearance.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Want of prosecution
- Dismissal of application
- High Court
Judgment
Court No. - 12
Case :- APPLICATION U/S 482 No. - 5523 of 2019
Applicant :- Divya Prakash Mishra
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sanjeev Dwivedi
Counsel for Opposite Party :- Govt. Advocate,Krishna Kumar
Sahu,M.V.S. Chauhan
Hon'ble Mohd. Faiz Alam Khan,J.
No one is present for the applicant when this case is taken up
for hearing while learned counsel for opposite party no.2 as
well as learned AGA is present.
On the last date i.e. 23.11.2022 also the applicant was
unrepresented while opposite party no.2 and the State were
available.
In view of above, it appears that perhaps the applicant has lost
interest in prosecuting the instant case. Thus, the instant case is
dismissed for want of prosecution. Interim order, if any, is also
vacated.
Order Date :- 1.12.2022
Muk
Digitally signed by MOHD UMAR
KHAN
Date: 2022.12.01 18:50:36 IST
Reason:
Location: High Court of Judicature at
Allahabad, Lucknow Bench
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