Allahabad High Court
PANCHANANversusSTATE OF U.P. and ANOTHER
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- SHREE PRAKASH SINGH
Holding
The application under Section 482 is dismissed and the interim order is vacated.
Summary
The applicant Panchanan filed an application under Section 482 of the Criminal Procedure Code seeking relief against the State of U.P. and another party. An interim order had previously been granted in his favour, but the required steps to implement it were not taken. No counsel appeared for the applicant, while the Additional Government Advocate represented the State. The High Court, noting the lack of compliance and the applicant's absence, dismissed the application and vacated the interim order. The order was directed to be communicated to the trial court immediately.
Issues considered
- What is the appropriate disposition of the interim order granted under Section 482 when the applicant fails to appear and the steps for its implementation are not taken?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Interim Order
- High Court
- Application Dismissal
Judgment
Neutral Citation No. - 2025:AHC-LKO:48276
Court No. - 14
Case :- APPLICATION U/S 482 No. - 6863 of 2018
Applicant :- Panchanan
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ashok Kumar Mishra
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Shree Prakash Singh,J.
Case called out.
None is present on behalf of the applicant.
Learned Additional Government Advocate for the
State is present.
The matter is listed under Chapter XII Rule 4 of the
Allahabad High Court Rules.
It is apparent that notice has been issued to
opposite party no. 2 and the interim order has
already been granted in favour of the applicant but
the steps have not been taken as yet.
This application is dismissed accordingly.
Interim order, if any, stands vacated.
Consigned to the records.
Office is directed to communicate this order to the
learned trial court concerned forthwith.
Order Date :- 18.8.2025
AKS
Digitally signed by :-
ANUJ KRISHNA SRIVASTAVA
High Court of Judicature at Allahabad,
Lucknow Bench
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