Allahabad High Court
PRAVEEN KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed for want of prosecution and the interim order is vacated.
Summary
Petitioner Praveen Kumar filed a criminal miscellaneous writ petition challenging an FIR dated 31.01.2026 registered under Sections 318(4), 351(2), 336, 338 and 340(2) of the Indian Penal Code. The petition sought relief and later requested an adjournment to enable repayment of a disputed amount to the informant. The court granted the adjournment and fixed a fresh date for admission. However, neither the petitioner nor his counsel appeared on the rescheduled date. Consequently, the court dismissed the petition for want of prosecution and vacated any interim order that had been in force.
Issues considered
- What is the appropriate procedural consequence when a petitioner fails to appear for a scheduled hearing of a criminal miscellaneous writ petition?
Legislation cited
- Indian Penal Code — s. 318, 336, 338, 340, 351
Subjects
- criminal procedure
- writ petition
- adjournment
- want of prosecution
- interim order vacated
- IPC sections
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5411 of 2026
Praveen Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Devendra Kumar Shukla, Pramod
Shukla
Counsel for Respondent(s) : G.A., Kuldeep Kumar
Along with :
1. Criminal Misc. Writ Petition No. 5319 of 2026:
Pramila Alias Parmila
Versus
State of U.P. and 3 others
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Case called out in revised list.
2. Even though, the names of Mr. Devendra Kumar Shukla and Mr.
Pramod Shukla are duly published in the cause list as counsel for
petitioner but neither they nor anyone on their behalf is present before this
Court to press this writ petition.
3. Learned AGA representing State-respondents 1, 2 and 3 and Mr.
Kuldeep Kumar, the learned counsel representing first informant-
respondent 4- Smt. Jaypati are present.
4. Present writ petition came up for admission on 20.04.2026 and this
Court passed the following order :-
"1. Heard Mr. Pramod Shukla, the learned counsel for petitioner and the learned
A.G.A. representing State-respondents 1 to 3 and Mr. Kuldeep Kumar, the learned
counsel representing first informant/respondent-4.
CRLP No. 5411 of 2026
2
2. Perused the record.
3. Petitioner-Praveen Kumar has approached this Court by means of present Criminal
Misc. Writ Petition challenging the FIR dated 31.01.2026 lodged by first informant-
respondent-4, Smt. Jaypati and registered as Case Crime No. 0049 of 2026, under
Sections 318 (4), 351 (2), 336, 338, 340 (2) BNS, Police Station- Gulawathi, District-
Bulandshahar.
4. After some arguments, the leaned counsel for petitioner submits that the hearing of
present writ petition be adjourned to enable to petitioner to undertake necessary
exercise for repayment of the disputed amount paid by first informant/respondent-4
through R.T.G.S.
5. In view of bonafide submission urged by the learned counsel for petitioner, we
adjourn the hearing of present writ petition.
6. Matter shall re-appear for admission as fresh on 27.04.2026."
5. As no one appears on behalf of the petitioner to press this writ petition
even in revised call, it is accordingly, dismissed for want of prosecution.
6. Interim order, if any, stands vacated.
(Padam Narain Mishra,J.) (Rajeev Misra,J.)
May 12, 2026
Rama Kant
Digitally signed by :-
RAMA KANT
High Court of Judicature at Allahabad
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