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Allahabad High Court

SADDAM HUSSAIN AND 7 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed for non‑prosecution, and any interim order is vacated.

Summary

The petitioners, Saddam Hussain and seven others, filed a criminal miscellaneous writ petition before the Allahabad High Court. The petition was listed and counsel for the petitioners, Sanjay Kumar Dwivedi, was noted in the cause list. However, no counsel appeared on behalf of the petitioners to press the petition. The learned Additional Government Advocate for the State was present. The Court dismissed the writ petition on the ground of non‑prosecution and vacated any interim order that may have been in force.

Issues considered

  • What is the appropriate course of action when a petitioner fails to appear or present counsel for a writ petition?

Subjects

  • writ petition
  • non prosecution
  • interim order
  • procedural default

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 7661 of 2024

                                    Saddam Hussain And 7 Others
                                                                                           .....Petitioner(s)
                                                                    Versus

                                    State Of U.P. And 2 Others
                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)     : Sanjay Kumar Dwivedi
                                    Counsel for Respondent(s)     : Anil Kumar, G.A., Siddharth Srivastava

                                    Court No. - 49
                                                     HON'BLE AJAY BHANOT, J.
                                                     HON'BLE DIVESH CHANDRA SAMANT, J.

                                    Matter is taken up in the revised call. Name of counsel for the
                                    petitioner is shown in the cause list. None appears on behalf of
                                    the petitioner to press the writ petition. Learned AGA for the
                                    State is present.

                                    The writ petition is dismissed for non prosecution.

                                    Interim order if any stands vacated.


                                                             (Divesh Chandra Samant,J.) (Ajay Bhanot,J.)
                                    September 23, 2026
                                    Vandit




Digitally signed by :-
VANDIT AGRAWAL
High Court of Judicature at Allahabad


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