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Allahabad High Court

RAM BHAJAN AND ORS.versusSTATE OF U.P. AND ANR.

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The application under Section 482 CrPC/528 B.N.S.S., 2023 was dismissed for want of prosecution.

Summary

The petitioners filed an application under Section 482 of the Criminal Procedure Code and Section 528 of the B.N.S.S., 2023 seeking relief in a criminal matter. No petitioner appeared before the court to pursue the application, although counsel for the State was present. The court dismissed the application on the ground of want of prosecution, finding no basis to entertain it. Consequently, any interim order previously granted was vacated. The matter was consigned to the records and the court directed that the order 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 but the applicants do not appear to prosecute it?

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash petition
  • Dismissal for want of prosecution
  • Interim order vacated

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            LUCKNOW
                                                      APPLICATION U/S 482 No. - 5688 of 2017

                                     Ram Bhajan And Ors.
                                                                                               .....Applicant(s)
                                                                      Versus

                                     State Of U.P. And Anr.
                                                                                                  .....Opposite
                                                                                                        Party(s)

                                     Counsel for Applicant(s)      : Dhananjay Kumar Singh
                                     Counsel for Opposite Party(s) : Govt. Advocate, Chinmay Prakash
                                                                     Pandey

                                    Court No. - 14
                                                     HON'BLE SHREE PRAKASH SINGH, J.

                                    1. Case called out.

                                    2. None is present for the applicants to press this application.

                                    3. Learned counsel for the State is present.

                                    4. The application under section 482 Cr.P.C./528 of the
                                    B.N.S.S.,2023 is dismissed for want of prosecution.

                                    5. Interim order, if any, stands vacated.

                                    6. Consigned to records.

                                    7. Office is directed to communicate this order to the trial court
                                    concerned forthwith.




                                                                                    (Shree Prakash Singh,J.)
                                    September 16, 2025
                                    AKS




Digitally signed by :-
ANUJ KRISHNA SRIVASTAVA
High Court of Judicature at Allahabad,
Lucknow Bench


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