Allahabad High Court
TAHIR ABBASI AND 10 ORSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 482 is dismissed for want of prosecution, and any interim order is vacated.
Summary
The High Court considered an application filed under Section 482 of the Criminal Procedure Code (No. 8189 of 2019) by Tahir Abbasi and ten others against the State of Uttar Pradesh. The application had been pending since 2019, and no counsel appeared for either party, although the Attorney General for the State was present. The Court observed that the applicants appeared to have lost interest in pursuing the matter, rendering further prosecution unnecessary. Consequently, the Court dismissed the application for want of prosecution and vacated any interim order that had been in force. The order directing a copy to be sent to the trial court was also issued.
Issues considered
- What is the appropriate course of action when an application under Section 482 remains pending for an extended period with no parties appearing?
- Should an interim order issued in the application be vacated upon dismissal for want of prosecution?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- inherent powers of High Court
- want of prosecution
- interim order vacated
- pending application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 8189 of 2019
Tahir Abbasi And 10 Ors
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajeev Kumar Rai
Counsel for Opposite Party(s) : G.A., S.M. Faisal
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 parties. However, learned A.G.A. for the State is present.
2. This application is pending since 2019.
3. It appears that the applicant has 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 8, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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