Allahabad High Court
VINOD KUMAR MISHRA @ VIRENDRA KUMAR MISHRAversusSTATE OF U.P. AND ANR.
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
Holding
The application is dismissed for want of prosecution.
Summary
The applicant, Vinod Kumar Mishra, filed an application under Section 482 of the Criminal Procedure Code and Section 528 of the B.N.S.S., 2023 seeking relief against the State. No counsel appeared on behalf of the applicant, while the State’s counsel was present. The High Court observed that the application was not prosecuted and therefore dismissed it for want of prosecution. Consequently, any interim order previously granted was vacated. The order was directed to be communicated to the trial court immediately.
Issues considered
- Whether an application under Section 482 Cr.P.C. and Section 528 B.N.S.S., 2023 can be entertained in the absence of prosecution.
- Whether the interim order previously granted should remain in force.
Legislation cited
- B.N.S.S., 2023 — s. 528
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Inherent Powers
- Application Dismissed
- Wanted Prosecution
- Interim Order Vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 6970 of 2017
Vinod Kumar Mishra @ Virendra Kumar Mishra
.....Applicant(s)
Versus
State Of U.P. And Anr.
.....Opposite
Party(s)
Counsel for Applicant(s) : R.N. Shukla, Pawan Kumar Sharma,
Ram Kumar Singh
Counsel for Opposite Party(s) : Govt. Advocate, Farooq Ayoob,
Manjusha Kapil
Court No. - 14
HON'BLE SHREE PRAKASH SINGH, J.
1. Case called out.
2. None is present for the applicant to press this application.
3. Learned counsel for the State is present.
4. The application under section 482 Cr.P.C./528 of the B.N.S.S., 2023 is
dismissed for want of prosecution.
5. Interim order, if any, stands vacated.
6. Consigned to records.
7. Office is directed to communicate this order to the trial court concerned
forthwith.
(Shree Prakash Singh,J.)
September 17, 2025
Mohd. Sharif
Digitally signed by :-
MOHAMMAD SHARIF
High Court of Judicature at Allahabad,
Lucknow Bench
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