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Allahabad High Court

RAKESH TRIVEDI AND OTHERSversusState of U.P. AND ANOTHER

Decided

Holding

The application under Section 482 is dismissed for want of prosecution.

Summary

Rakesh Trivedi and others filed an application under Section 482 of the Criminal Procedure Code seeking the High Court's intervention. The opposite parties, the State of Uttar Pradesh and another, were represented by counsel. No case was listed for the applicants, and they were not present before the court. Counsel for the opposite side was present. The court observed that the application could not be entertained as there was no prosecution before it. Consequently, the application was dismissed for want of prosecution.

Issues considered

  • Whether an application under Section 482 CrPC can be entertained when the applicants fail to appear and no prosecution is pending before the court

Legislation cited

Subjects

  • Criminal Procedure Code
  • Section 482
  • Dismissal
  • Want of prosecution
  • High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       APPLICATION U/S 482 No. - 9422 of 2024

                                    Rakesh Trivedi And Others
                                                                                                .....Applicant(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)          : Sarita Gupta
                                    Counsel for Opposite Party(s)     : G.A., Rajeev Tiwari, Ritukar Gupta

                                    Court No. - 74
                                                         HON'BLE DEEPAK VERMA, J.

                                    Case called out in the revised list. None appears for the applicants to press
                                    this application.

                                    Learned counsel for opposite party no.2 is present.

                                    Accordingly, the present 482 application is dismissed for want of
                                    prosecution.



                                                                                            (Deepak Verma,J.)
                                    May 6, 2026
                                    Nitin Verma




Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad


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