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Allahabad High Court

PANCHANANversusSTATE OF U.P. and ANOTHER

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

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

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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