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Allahabad High Court

RAM NIWAS @ BITUversusState of UP AND 3 OTHERS

Decided

Holding

The petition is dismissed for non‑prosecution.

Summary

Ram Niwas @ Bitu filed Criminal Miscellaneous Writ Petition No. 7667 of 2024 against the State of Uttar Pradesh and three others. No counsel appeared on behalf of the petitioner, while the learned Additional Government Advocate represented the State. The Court noted the absence of representation for the petitioner and dismissed the petition on the ground of non‑prosecution. Consequently, any interim order previously granted was vacated. The judgment was delivered by Judges Ajay Bhanot and Divesh Chandra Samant on September 23, 2026.

Issues considered

  • Whether a criminal miscellaneous writ petition can be proceeded with in the absence of the petitioner's counsel or representation

Subjects

  • writ petition
  • criminal miscellaneous
  • non‑prosecution
  • interim order vacated
  • court dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 7667 of 2024

                                    Ram Niwas @ Bitu
                                                                                             .....Petitioner(s)
                                                                    Versus

                                    State Of Up And 3 Others
                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Rajeev Kumar Saxena
                                    Counsel for Respondent(s)                :   G.A.

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

                                    Matter is taken up in the revised call. Name of counsels 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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