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Allahabad High Court

SHIV PRASAD TIWARIversusSTATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The petition is dismissed for want of prosecution.

Summary

Shiv Prasad Tiwari filed Criminal Miscellaneous Writ Petition No. 4304 of 2023 before the Allahabad High Court seeking relief against the State of U.P. The petition was filed through counsel Sudhakar Mishra, while the State was represented by G.A. No counsel appeared on behalf of the petitioner and no request for adjournment was made by either side. The Court observed that the petition had not been prosecuted. Consequently, the writ petition was dismissed for want of prosecution and any interim order that had been passed was vacated. The order was pronounced on 28 November 2023 by Justice Sangeeta Chandra and Justice Narendra Kumar Johari.

Issues considered

  • Whether the Criminal Miscellaneous Writ Petition should be entertained in the absence of any prosecution by the petitioner

Subjects

  • writ petition
  • criminal miscellaneous
  • dismissal
  • want of prosecution
  • High Court

Judgment

                                         Court No. - 10

                                         Case :- CRIMINAL MISC. WRIT PETITION No. - 4304 of
                                         2023

                                         Petitioner :- Shiv Prasad Tiwari
                                         Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And
                                         Others
                                         Counsel for Petitioner :- Sudhakar Mishra
                                         Counsel for Respondent :- G.A.

                                         Hon'ble Mrs. Sangeeta Chandra,J.
                                         Hon'ble Narendra Kumar Johari,J.

                                         Case called out.

                                         None appears on behalf of the petitioner.

                                         There is no request for adjournment from either of the parties.

                                         The writ petition is dismissed for want of prosecution.

                                         Interim order, if any, stands vacated.

                                         Order Date :- 28.11.2023
                                         Darpan Sharma




Digitally signed by :-
DARPAN SHARMA
High Court of Judicature at Allahabad,
Lucknow Bench


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