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Allahabad High Court

SMT SAPNA DUBEY AND ANOTHERversusState of UP AND 3 OTHERS

Decided

Holding

The petition is dismissed for non‑prosecution.

Summary

Smt. Sapna Dubey and another filed Criminal Miscellaneous Writ Petition No. 10615 of 2024 before the Allahabad High Court challenging the State of Uttar Pradesh and three others. No counsel appeared on behalf of the petitioners, although the learned Additional Government Advocate for the State was present. The Court observed the petitioner's failure to prosecute the petition. Consequently, the writ petition was dismissed for non‑prosecution, and any interim order previously granted was vacated.

Issues considered

  • Whether a writ petition can be entertained when the petitioners' counsel fails to appear
  • Whether dismissal for non‑prosecution is appropriate under procedural law

Subjects

  • writ petition
  • criminal miscellaneous
  • dismissal
  • non prosecution
  • procedural default

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 10615 of 2024

                                    Smt Sapna Dubey And Another
                                                                                          .....Petitioner(s)
                                                                    Versus

                                    State Of Up And 3 Others
                                                                                        .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Abhinav Dwivedi
                                    Counsel for Respondent(s)                :   G.A.

                                    Court No. - 49
                                                     HON'BLE AJAY BHANOT, J.
                                                     HON'BLE DIVESH CHANDRA SAMANT, J.

                                    Matter is taken up in the revised call. Name of counsel for the
                                    petitioners is shown in the cause list. None appears on behalf of
                                    the petitioners to press the writ petition. Learned AGA for the
                                    State is present.

                                    The writ petition is dismissed for non prosecution.

                                    Interim order if any stands vacated.


                                                             (Divesh Chandra Samant,J.) (Ajay Bhanot,J.)
                                    September 23, 2026
                                    Virendra




Digitally signed by :-
VIRENDRA KUMAR BHARTEEY
High Court of Judicature at Allahabad


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