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Allahabad High Court

PANKAJ NEMANIversusSTATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

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

Holding

The application under Section 482 is dismissed as the opposite parties failed to comply with the notices, and the interim order is vacated.

Summary

Pankaj Nemani filed an application under Section 482 of the Criminal Procedure Code (No. 8388 of 2023) seeking relief against the State of Uttar Pradesh. Notices were issued to the opposite parties, but they failed to take the required steps. The court noted the non‑compliance and dismissed the application. Consequently, any interim order previously granted was vacated. The order was communicated to the trial court for immediate effect.

Issues considered

  • Whether the High Court should entertain the application under Section 482 when the opposite parties have not complied with the notices issued.

Legislation cited

Subjects

  • Section 482
  • Inherent powers of High Court
  • Notice compliance
  • Application dismissal
  • Criminal procedure

Judgment

                                                                               Neutral Citation No. - 2025:AHC-LKO:46567




                                         Court No. - 14

                                         Case :- APPLICATION U/S 482 No. - 8388 of 2023

                                         Applicant :- Pankaj Nemani
                                         Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And
                                         Another
                                         Counsel for Applicant :- Jitendra Pratap Singh,Abhay Prakash Shukla
                                         Counsel for Opposite Party :- G.A.

                                         Hon'ble Shree Prakash Singh,J.

                                         Case is called out.

                                         None is present on behalf of the applicant.

                                         Learned Additional Government Advocate for the State is
                                         present.

                                         The matter is listed today under Chapter XII Rule 4 of the
                                         Allahabad High Court Rules.

                                         It is apparent that notices have been issued to the opposite
                                         parties but the steps have not been taken as yet.

                                         This application is dismissed accordingly.

                                         Interim order, if any, stands vacated.

                                         Consigned to records.

                                         Office is directed to communicate this order to the learned trial
                                         court concerned forthwith.

                                         Order Date :- 8.8.2025
                                         Anuj Singh




Digitally signed by :-
ANUJ PRATAP SINGH
High Court of Judicature at Allahabad,
Lucknow Bench


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