Allahabad High Court
SUNNY KUMAR AND 2 ORSversusSTATE OF U.P. AND ANR
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 482 is dismissed for want of prosecution.
Summary
The High Court considered an application filed under Section 482 of the Criminal Procedure Code by Sunny Kumar and others against the State of Uttar Pradesh. The application had been pending since 2019, and no counsel appeared for the applicants, indicating a loss of interest in pursuing the matter. The State’s counsel was present, but the court noted that there was no useful purpose in keeping the application alive. Consequently, the court dismissed the application for want of prosecution and vacated any interim order that might have been in force. The order was directed to be sent to the trial court immediately.
Issues considered
- Whether an application under Section 482 of the Criminal Procedure Code can be dismissed for want of prosecution when the applicant shows no interest in pursuing the case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- inherent powers of High Court
- dismissal for want of prosecution
- interim order vacated
- procedural default
- High Court application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 5706 of 2019
Sunny Kumar And 2 Ors
.....Applicant(s)
Versus
State Of U.P. And Anr
.....Opposite
Party(s)
Counsel for Applicant(s) : Vidit Narayan Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Case called out in the revised list. None is present on behalf of
applicants. However, learned A.G.A. for the State is present.
2. This application is pending since 2019.
3. It appears that the applicant has lost interest to pursue the case, hence
no useful purpose would be served to keep this application pending.
4. In view of above, this application is dismissed for want of prosecution.
5. Interim order, if any, stands vacated.
6. Let a copy of this order be sent to the concerned trial court forthwith.
(Chawan Prakash,J.)
September 18, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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