Allahabad High Court
AJAY KUMAR GUPTAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application is dismissed for want of prosecution.
Summary
Ajay Kumar Gupta filed an application under Section 482 of the Criminal Procedure Code in 2019, seeking relief against the State of U.P. and another party. No counsel appeared on behalf of the applicant when the matter was called, and the application had remained pending for several years. The High Court observed the prolonged pendency and the absence of any representation for the applicant, and consequently dismissed the application for want of prosecution. The interim order previously granted was vacated, and the trial court was directed to proceed with the case as per law. The order was to be communicated to the trial court by the registrar.
Issues considered
- Whether an application under Section 482 of the CrPC can be entertained after prolonged pendency when the applicant fails to appear?
Legislation cited
- Code of Criminal Procedure — s. 482
Subjects
- Section 482
- Inherent powers
- Application dismissed
- Want of prosecution
- Interim order vacated
- Trial court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 6704 of 2019
Ajay Kumar Gupta
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vidya Prakash Singh, Vishesh Kumar,
Yasharth Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Case called on. No one is present on behalf of the applicant, even in the
revised list.
2. Learned A.G.A. is present for the State.
3. Since this application is pending since 2019 and no one is present on
behalf of the applicant to press this application, this application is
dismissed for want of prosecution.
4. Interim order, if any, stands vacated.
5. The Trial Court is at liberty to proceed with the matter as per law.
6. Let this order be communicated to the Trial Court concerned by the
Registrar (Compliance).
(Chawan Prakash,J.)
September 16, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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