Allahabad High Court

SMT. HUSNOOR KHANversusTHE STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS

Decided: 5 February 2026
Disposal: Disposed off/Decided on merits
Bench: MANISH KUMAR PANKAJ BHATIA

Holding

The application is dismissed for want of prosecution.

Summary

Smt. Husnoor Khan filed an application under Section 483 of the Criminal Procedure Code (No. 713 of 2024) against the State of Uttar Pradesh. The applicant's counsels, Firoz Ahmad Khan and Mohd. Shafiq, were absent and no request for adjournment was made. The court noted the lack of representation and, finding no prosecution of the application, dismissed the matter. The order was pronounced by Justice Manish Kumar on 23 April 2025. No substantive merits of the application were considered as the case was dismissed for want of prosecution.

Issues considered

What is the appropriate course of action when an application is not prosecuted due to the absence of counsel and no adjournment is sought?

Legislation cited

Code of Criminal Procedure, 1973 — s. 483

Subjects

CrPC
Section 483
dismissal
want of prosecution
procedural default
application

Judgment

                                                           Neutral Citation No. - 2025:AHC-LKO:23248

                                         Court No. - 14

                                         Case :- APPLICATION U/S 483 No. - 713 of 2024

                                         Applicant :- Smt. Husnoor Khan
                                         Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Deptt.
                                         Of Home Lko. And Others
                                         Counsel for Applicant :- Firoz Ahmad Khan,Mohd. Shafiq
                                         Counsel for Opposite Party :- G.A.,Rajeev Kumar Mishra
                                         Rudra

                                         Hon'ble Manish Kumar,J.

                                         Case has been called out in the revised list.

                                         Neither Shri Firoz Ahmad Khan and Shri Mohd. Shafiq, learned
                                         counsels for the applicant are present nor any request has been
                                         made on their behalf for adjournment of the case.

                                         As such, the present case is dismissed for want of prosecution.

                                         Order Date :- 23.4.2025
                                         Ashish




Digitally signed by :-
ASHISH MISHRA
High Court of Judicature at Allahabad,
Lucknow Bench

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