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Allahabad High Court

MAHI AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition was dismissed for want of prosecution.

Summary

The petitioners, Mahi and three others, filed a criminal miscellaneous writ petition before the Allahabad High Court. Their counsel – Adwitiya Prakash Tiwari, Amit Singh and Anshuman Singh – were listed in the cause list but failed to appear even on the revised call. The State’s counsel, G.A., was present. The Court held that in the absence of any representative to press the petition, it could not proceed and dismissed the writ petition for want of prosecution. Consequently, any interim relief previously granted was vacated.

Issues considered

  • Whether a writ petition may be dismissed for want of prosecution when no counsel appears to press it?

Subjects

  • writ petition
  • criminal miscellaneous
  • want of prosecution
  • dismissal
  • interim order vacated

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            CRIMINAL MISC. WRIT PETITION No. - 5556 of 2026

                                    Mahi And 3 Others
                                                                                                       .....Petitioner(s)
                                                                          Versus
                                    State Of U.P. And 2 Others
                                                                                                     .....Respondent(s)

                                    Counsel for Petitioner(s)         : Adwitiya Prakash Tiwari, Amit Singh,
                                                                        Anshuman Singh
                                    Counsel for Respondent(s)         : 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. Adwitiya Prakash Tiwari, Mr. Amit Singh,
                                    and Mr. Anshuman Singh are duly published in the cause list as counsel for
                                    petitioners but neither they nor anyone on their behalf is present to press this
                                    writ petition even in revised call.


                                    3. Learned A.G.A. representing State-respondents 1 and 2 is present.


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


                                    5. Interim order, if any, granted earlier shall stand vacated.

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




Digitally signed by :-
GAURAV PATEL
High Court of Judicature at Allahabad


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