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Allahabad High Court

NASIR HUSAIN AND 10 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed for want of prosecution.

Summary

Nasir Husain and ten others filed a criminal miscellaneous writ petition before the Allahabad High Court against the State of Uttar Pradesh and two other respondents. The petitioners failed to appear before the court even after a revised call, while the respondent's Additional Government Advocate was present. The court noted the absence of the petitioners and 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 9, 2026.

Issues considered

  • What is the appropriate course of action when petitioners do not appear before the court after a revised call?

Subjects

  • writ petition
  • criminal miscellaneous
  • want of prosecution
  • dismissal
  • interim order discharge

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   CRIMINAL MISC. WRIT PETITION No. - 19456 of 2026

                                    Nasir Husain And 10 Others
                                                                                              .....Petitioner(s)
                                                                        Versus

                                    State Of U.P. And 2 Others
                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)                           :   Adil Khan
                                    Counsel for Respondent(s)                           :   C.S.C.

                                    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 petitioners 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 9, 2026
                                    Prajapati RK




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

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