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Allahabad High Court

DEVENDRA KUMAR VAJPEIversusSTATE OF U.P. AND 9 OTHERS

Decided

Holding

The writ petition was dismissed for want of prosecution due to the petitioner's failure to appear.

Summary

A criminal miscellaneous writ petition (No. 11673 of 2025) was filed by Devendra Kumar Vajpei against the State of U.P. and others. The petitioners failed to appear before the court even after the list was revised, while the respondent's counsel was present. The court, noting the absence of the petitioners, dismissed the writ petition for want of prosecution. Consequently, any interim relief that had been granted was discharged. The dismissal was pronounced by Judges Tarun Saxena and Chandra Dhari Singh on September 29, 2026.

Issues considered

  • Whether a writ petition can be dismissed for want of prosecution when the petitioner fails to appear before the court

Subjects

  • writ petition
  • dismissal
  • want of prosecution
  • interim order discharge
  • procedural default

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   CRIMINAL MISC. WRIT PETITION No. - 11673 of 2025

                                    Devendra Kumar Vajpei
                                                                                                 .....Petitioner(s)
                                                                        Versus

                                    State Of U.P. And 9 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)             :      Rajesh Yadav, Ruchi Mishra
                                    Counsel for Respondent(s)             :      G.A., Shiv Kumar Singh

                                    Court No. - 48
                                                       HON'BLE CHANDRA DHARI SINGH, J.
                                                       HON'BLE TARUN SAXENA, J.

                                    1. List has been revised.

                                    2. None appeared on behalf of the petitioner even in the revised call
                                    whereas learned AGA appearing for the State-respondents is present.

                                    3. Accordingly, the writ petition is dismissed for want of prosecution.

                                    4. Interim order, if any, stands discharged.



                                                                  (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
                                    September 29, 2026
                                    Prajapati RK




Digitally signed by :-
RAMKESH PRAJAPATI
High Court of Judicature at Allahabad


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