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Allahabad High Court

AJAY KUMAR GUPTAversusSTATE OF U.P. AND ANOTHER

Decided

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

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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