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Allahabad High Court

SUNIL AND ANOTHERversusState of UP AND 3 OTHERS

Decided

Holding

The writ petition is dismissed for non prosecution.

Summary

Sunil and another filed a criminal miscellaneous writ petition (No. 8401 of 2024) before the Allahabad High Court challenging actions of the State of Uttar Pradesh and others. No counsel appeared on behalf of the petitioners despite their names being listed. The learned Additional Government Advocate represented the State. The Court observed the petitioner's failure to prosecute the petition and consequently dismissed the writ petition. The interim order that had been granted earlier was vacated. The judgment was delivered by Judges Divesh Chandra Samant and Ajay Bhanot on September 23, 2026.

Issues considered

  • Whether a writ petition can proceed in the absence of petitioner representation.
  • Whether the writ petition should be dismissed for non prosecution.

Subjects

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

Judgment

                                                      HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       CRIMINAL MISC. WRIT PETITION No. - 8401 of 2024

                                    Sunil And Another
                                                                                                  .....Petitioner(s)
                                                                           Versus

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

                                    Counsel for Petitioner(s)            : Girijesh Kumar Gupta, Shiv Shankar
                                                                           Pd Gupta
                                    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.

                                    None appears on behalf of the petitioners to press the writ
                                    petition. Names of counsel for the petitioners are shown in the
                                    cause list. 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
                                    Ashish Tripathi




Digitally signed by :-
ASHISH NAYAN TRIPATHI
High Court of Judicature at Allahabad


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