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Allahabad High Court

JYOTI ALIAS JYOTI DIWAKARversusSTATE OF U.P. THRU. THE PRIN. SECY. HOME U.P. LKO. AND ANOTHER

Decided
Disposal
DISMISSED AS WITHDRAWN

Holding

The application was dismissed for want of prosecution.

Summary

The applicant, Jyoti, filed an application under Section 483 of the Criminal Procedure Code (CrPC) (No. 313 of 2025) against the State of Uttar Pradesh. No counsel for the applicant appeared to press the application, nor was any request made for an adjournment. The court noted the absence of representation and the lack of any request to defer the matter. Consequently, the court dismissed the application on the ground of want of prosecution. The order was dated 7 July 2025.

Issues considered

  • Whether an application under Section 483 CrPC can proceed in the absence of the applicant's counsel and without a request for adjournment

Legislation cited

Subjects

  • Criminal Procedure
  • Section 483
  • Application dismissal
  • Want of prosecution
  • Procedural default

Judgment

                                                                      Neutral Citation No. - 2025:AHC-LKO:38330


                                         Court No. - 27

                                         Case :- APPLICATION U/S 483 No. - 313 of 2025

                                         Applicant :- Jyoti Alias Jyoti Diwakar
                                         Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home
                                         U.P. Lko. And Another
                                         Counsel for Applicant :- Suman Kanoujia,Deepak
                                         Kumar,Raj Bahadur Singh Rawat
                                         Counsel for Opposite Party :- G.A.

                                         Hon'ble Manish Kumar,J.

                                         Case called out in the revised list.

                                         Neither learned counsel for the applicant is present to
                                         press this application nor any request has been made on
                                         his behalf for adjournment of the case.

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

                                         Order Date :- 7.7.2025
                                         Nitesh




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

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