Allahabad High Court
VOSIYAR YADAVversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
The petition is dismissed for want of prosecution.
Summary
Petitioner Vosiyar Yadav filed Criminal Miscellaneous Writ Petition No. 3944 of 2025 before the Allahabad High Court seeking relief against the State of Uttar Pradesh and three others. The petition was listed, but the petitioner failed to appear before the Court, while the respondent’s Additional Government Advocate was present. The Court examined whether the petition could proceed in the absence of the petitioner’s prosecution. Relying on procedural law, the Court held that a writ petition cannot be entertained without a party prosecuting it. Consequently, the petition was dismissed for want of prosecution and the interim order previously granted was vacated. No substantive merits of the petition were considered.
Issues considered
- Whether a writ petition may be dismissed for want of prosecution when the petitioner fails to appear
- Whether the interim order can be vacated upon dismissal of the petition
Subjects
- writ petition
- criminal miscellaneous
- dismissal
- want of prosecution
- interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 3944 of 2025
Vosiyar Yadav
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Singh Baish
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 16, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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