Created by Fuzzy Cloud

Allahabad High Court

RUKHSAR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed for want of prosecution and the interim order is vacated.

Summary

Petitioners Rukhsar and another filed a criminal miscellaneous writ petition before the Allahabad High Court. No petitioner appeared before the Court to address the matter, although the learned Additional Government Advocate for the State was present. The Court examined the lack of prosecution of the petition. It held that the petition could not proceed without the petitioners' participation and therefore dismissed it for want of prosecution. Consequently, any interim order that had been granted earlier was vacated.

Issues considered

  • Whether a writ petition may be dismissed for want of prosecution due to non-appearance of petitioners?

Subjects

  • writ petition
  • dismissal for want of prosecution
  • interim order vacated
  • civil procedure

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 22876 of 2026

                                    Rukhsar And Another
                                                                                            .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)                    :    Saurabh Singh
                                    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
                                    petitioners 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.