Allahabad High Court
SUMIT JAISWAL and OTHERSversusSTATE OF U.P. THRU. ADDL. CHIEF SECY. HOME. LKO and OTHERS
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- SHREE PRAKASH SINGH
Holding
The Court held that in the absence of the applicants and without any request for adjournment, the application under Section 482 must be dismissed for non‑prosecution and any interim order vacated.
Summary
An application under Section 482 of the Criminal Procedure Code was filed by Sumit Jaiswal and others seeking relief against the State of U.P. The matter was listed before the Allahabad High Court, Lucknow Bench, but none of the applicants appeared and no request for adjournment was made. The learned Additional Government Advocate was the only counsel present. The Court observed that the absence of the applicants amounted to non‑prosecution of the application. Consequently, the Court dismissed the application and vacated any interim order that might have been in force.
Issues considered
- Whether an application under Section 482 can be dismissed for non‑prosecution due to the non‑appearance of the applicants?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- inherent powers
- non‑prosecution
- interim order
- application dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 5770 of 2021
Sumit Jaiswal And Others
.....Applicant(s)
Versus
State Of U.P. Thru. Addl. Chief Secy. Home. Lko
And Others .....Opposite
Party(s)
Counsel for Applicant(s) : Ankit Singh, Dhirendra Kumar Sharma,
Krishna Madhav Shukla, Pramod
Kumar Singh, Prince Singh
Counsel for Opposite Party(s) : G.A., Niyaj Ahmad
Court No. - 23
HON'BLE RAJEEV BHARTI, J.
Case called out in the revised list.
The matter pertains to the year 2021.
None is present on behalf of the applicants nor any request for
adjournment or pass over has been made. However, learned AGA is
present.
In view of above, this application is dismissed for non prosecution.
Interim order, if any, stands vacated.
(Rajeev Bharti,J.)
December 5, 2025
Shravan
Digitally signed by :-
SHRAVAN KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench
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