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Allahabad High Court

RAM MILAN VISHWAKARMA AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed for want of prosecution due to the absence of any petitioner or counsel to press the writ.

Summary

The petitioners, Ram Milan Vishwakarma and three others, filed Criminal Miscellaneous Writ Petition No. 5541 of 2026 before the Allahabad High Court. Their counsel, Amresh Kumar and Shashi Ranjan Srivastava, were listed in the cause list but failed to appear to press the petition. The respondents, the State of U.P. and others, were represented by counsel who appeared before the court. Since no representative of the petitioners was present even after a revised call, the court dismissed the petition for want of prosecution. Consequently, any interim orders previously granted were vacated.

Issues considered

  • Whether a writ petition may proceed in the absence of any petitioner or counsel to press it before the court

Subjects

  • writ petition
  • dismissal for want of prosecution
  • procedural default
  • court procedure
  • criminal miscellaneous writ

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            CRIMINAL MISC. WRIT PETITION No. - 5541 of 2026

                                    Ram Milan Vishwakarma And 3 Others
                                                                                                  .....Petitioner(s)
                                                                          Versus
                                    State Of U.P. And 2 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)         : Amresh     Kumar,   Shashi         Ranjan
                                                                        Srivastava
                                    Counsel for Respondent(s)         : Deepak Kumar Singh, G.A.

                                    Court No. - 49
                                                     HON'BLE RAJEEV MISRA, J.
                                                     HON'BLE SUDHANSHU CHAUHAN, J.

                                    1. Case called out in revised list.
                                    2. Even though the names of Mr. Amresh Kumar and Mr. Shashi Ranjan
                                    Srivastava, Advocates are duly published in the cause list as counsel for
                                    petitioners but neither they nor any one on their behalf are present to press
                                    present writ petition.

                                    3. Learned A.G.A. for State-respondents 1 & 2 and Mr. Deepak Kumar
                                    Singh, the learned counsel representing first informant respondent-3, Smt.
                                    Archana are present.

                                    4. As no one appears on behalf of petitioners to press this writ petition even
                                    in revised call, it is, accordingly, dismissed for want of prosecution.

                                    5. Interim order, if any, stands vacated.

                                    April 20, 2026
                                    Imtiyaz
                                                                    (Sudhanshu Chauhan,J.) (Rajeev Misra,J.)




Digitally signed by :-
IMTIYAZ AHMAD
High Court of Judicature at Allahabad


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