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Allahabad High Court

JEEVAN KHANNA @ JEEVAN LAL KHANNAversusTHE STATE OF U.P THRU SECY. HOME LUCKNOW AND ANR.

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

Holding

The application under Section 482 CrPC is dismissed for want of prosecution, and the interim order is vacated.

Summary

The applicant, Jeevan Khanna, filed an application under Section 482 of the Criminal Procedure Code seeking relief in a criminal matter. No counsel appeared on behalf of the applicant to press the application, while the learned Additional Government Advocate for the State was present. The Court examined whether the application could be entertained in the absence of representation. It held that the application could not proceed due to want of prosecution. Consequently, the application was dismissed and the 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 CrPC can be entertained when no counsel appears for the applicant
  • Whether the interim order issued earlier should remain in force

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Application dismissed
  • Interim order vacated
  • Prosecution
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            LUCKNOW
                                                      APPLICATION U/S 482 No. - 862 of 2013

                                     Jeevan Khanna @ Jeevan Lal Khanna
                                                                                              .....Applicant(s)
                                                                     Versus

                                     The State Of U.P Thru Secy. Home Lucknow
                                     And Anr.                                                    .....Opposite
                                                                                                       Party(s)

                                     Counsel for Applicant(s)     : Balram Yadav,             Ram     Jiyavan
                                                                    Yadav
                                     Counsel for Opposite Party(s): Govt. Advocate

                                    Court No. - 14
                                                     HON'BLE SHREE PRAKASH SINGH, J.

                                    Case is called out.

                                    None is present on behalf of the applicant to press this application.

                                    Learned AGA for the State is present.

                                    In view of the above, the instant application U/s 482 Cr.P.C. is
                                    dismissed for want of prosecution.

                                    Interim order, if any, stands vacated.

                                    Consigned to records.

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

                                    September 10, 2025
                                    kkv/

                                                                                (Shree Prakash Singh,J.)




Digitally signed by :-
KRISHAN KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench


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