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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

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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