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Allahabad High Court

MAHESH KUMAR AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The writ petition is dismissed for non‑prosecution.

Summary

Mahesh Kumar and another filed a criminal miscellaneous writ petition before the Allahabad High Court seeking relief against the State of Uttar Pradesh and others. The petitioners were represented by counsel Anees Ahmad, while the State was represented by G.A. The petitioners failed to appear in court even after the revised call. Consequently, the Court noted the non‑appearance and dismissed the writ petition for non‑prosecution. The interim orders, if any, that were earlier in force were vacated. The judgment was delivered by Hon'ble Justices Chandra Dhari Singh and Tarun Saxena on September 9, 2026.

Issues considered

  • What is the appropriate course of action when petitioners do not appear for a revised call in a criminal miscellaneous writ petition?

Subjects

  • writ petition
  • dismissal
  • non-prosecution
  • criminal miscellaneous
  • high court

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    CRIMINAL MISC. WRIT PETITION No. - 20042 of 2026

                                    Mahesh Kumar And Another
                                                                                               .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 5 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)                        :   Anees Ahmad
                                    Counsel for Respondent(s)                        :   G.A.

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

                                    1. List revised.

                                    2. None appeared on behalf of the petitioners even in revised call.

                                    3. Learned A.G.A. appearing on behalf of the State is present.

                                    4. The writ petition is dismissed for non prosecution.

                                    5. Interim order, if any, stands vacated.



                                                                   (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
                                    September 9, 2026
                                    SK Srivastava




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

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