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Allahabad High Court

RAM SAHAYversusSTATE OF UP AND 6 OTHERS

Decided

Holding

The application is dismissed for want of prosecution.

Summary

The High Court considered an application filed under Section 482 of the Criminal Procedure Code (No. 9633 of 2019) by Ram Sahay against the State of Uttar Pradesh and six others. The application had been pending since 2019, and no counsel for either party appeared before the court, although the Additional Government Advocate for the State was present. The court observed that the applicant appeared to have lost interest in pursuing the matter, rendering further prosecution of the application unnecessary. Consequently, the court dismissed the application for want of prosecution and vacated any interim order that had been previously granted. The order directing a copy to be sent to the concerned 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 without any party appearing before the court?

Legislation cited

Subjects

  • Section 482
  • inherent powers of High Court
  • want of prosecution
  • application dismissal
  • vacated interim order

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      APPLICATION U/S 482 No. - 9633 of 2019

                                    Ram Sahay
                                                                                                 .....Applicant(s)
                                                                       Versus

                                    State Of Up And 6 Others
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)      : Kailash Prasad Pandey, Rajesh Pandey
                                    Counsel for Opposite Party(s) : G.A., Kuldeep Johri

                                    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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