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Allahabad High Court

RAJNISH KUMAR @ DR RAJNISH KUSHWAHAversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

A writ petition that is not prosecuted by the petitioner is liable to be dismissed.

Summary

Petitioner Rajnish Kumar filed a criminal miscellaneous writ petition before the Allahabad High Court. No petitioner appeared on the revised call, though the State's counsel was present. The Court noted the absence of the petitioner and held that the petition was not being prosecuted. Consequently, the writ petition was dismissed for non‑prosecution. The interim order, if any, was vacated.

Issues considered

  • Whether a writ petition can continue in the absence of the petitioner's appearance and prosecution

Subjects

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

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    CRIMINAL MISC. WRIT PETITION No. - 20753 of 2026

                                    Rajnish Kumar @ Dr Rajnish Kushwaha
                                                                                               .....Petitioner(s)
                                                                         Versus

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

                                    Counsel for Petitioner(s)                        :   Gaurav Gupta
                                    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 petitioner 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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