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Allahabad High Court

DEV SINGHversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

A writ petition is liable to be dismissed for want of prosecution if the petitioner does not appear before the Court.

Summary

Dev Singh filed Criminal Miscellaneous Writ Petition No. 15891 of 2025 before the Allahabad High Court challenging the actions of the State of U.P. and three others. No counsel appeared on behalf of the petitioner, while the learned Additional Government Advocate for the State was present. The Court observed that a writ petition cannot proceed without prosecution. Accordingly, the petition was dismissed for want of prosecution and any interim order previously granted was vacated. The order was pronounced on 29 September 2026.

Issues considered

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

Subjects

  • writ petition
  • criminal miscellaneous
  • want of prosecution
  • interim order vacated
  • high court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 15891 of 2025

                                    Dev Singh
                                                                                              .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 3 Others
                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)                  :   Sudhir Kumar Tiwari
                                    Counsel for Respondent(s)                  :   G.A.

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

                                    1. Case called out in the revised list. None appeared on behalf of the
                                    petitioner to address the Court, however, learned A.G.A. for the State
                                    is present.

                                    2. In view of the above, the instant writ petition is dismissed for want
                                    of prosecution.

                                    3. Interim order, if any, stands vacated.



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




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

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