Allahabad High Court
KAILASH AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 482 is dismissed for want of prosecution.
Summary
The petitioners Kailash and another filed an application under Section 482 of the Criminal Procedure Code in 2019, seeking relief against the State of U.P. and another. No counsel appeared for either side, though the Additional Government Advocate for the State was present. The court observed that the petitioners appeared to have lost interest in pursuing the matter and that continuing the application would serve no useful purpose. Consequently, the court dismissed the application for want of prosecution and vacated any interim order that had been in force. The order was directed to be sent to the concerned trial court immediately.
Issues considered
- What is the appropriate course of action when an application under Section 482 remains unprosecuted for an extended period?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- inherent powers of High Court
- want of prosecution
- application dismissal
- procedural default
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 7060 of 2019
Kailash And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Kumar, Ram Sharan Giri
Counsel for Opposite Party(s) : G.A., Mahendra Tripathi
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Case called out in the revised list. None is present on behalf of either of
the. However, learned A.G.A. for the State is present.
2. This application is pending since 2019.
3. It appears that the applicants have lost interest to pursue the case, hence
no useful purpose would be served to keep this application pending.
4. In view of above, this application is dismissed for want of prosecution.
5. Interim order, if any, stands vacated.
6. Let a copy of this order be sent to the concerned trial court forthwith.
(Chawan Prakash,J.)
September 30, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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