Created by Fuzzy Cloud

Allahabad High Court

SUREKHA KUMARIversusSTATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO AND 6 OTHERS

Decided
Disposal
Disposed off/Decided on merits

Holding

The petition is dismissed for want of prosecution due to the petitioner’s non‑appearance.

Summary

Surekha Kumari filed Criminal Miscellaneous Writ Petition No. 8581 of 2024 before the Allahabad High Court, Lucknow Bench, challenging actions of the State of Uttar Pradesh. The petition was listed before a division bench comprising Hon'ble Justice Vivek Chaudhary and Hon'ble Justice Om Prakash Shukla. No counsel appeared on behalf of the petitioner to press the petition, while the learned Additional Government Advocate for the State was present. The court observed that a petition cannot be proceeded with in the absence of a party or authorized representative. Consequently, the writ petition was dismissed for want of prosecution. The order was recorded on 26 November 2024.

Issues considered

  • What is the procedural consequence when a petitioner fails to appear or be represented before the court in a criminal miscellaneous writ petition?

Subjects

  • writ petition
  • criminal miscellaneous
  • procedural law
  • want of prosecution
  • dismissal

Judgment

                                                                           Neutral Citation No. - 2024:AHC-LKO:78739-DB




                                         Court No. - 10

                                         Case :- CRIMINAL MISC. WRIT PETITION No. - 8581 of 2024

                                         Petitioner :- Surekha Kumari
                                         Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And 6
                                         Others
                                         Counsel for Petitioner :- Ashish Verma,Pankaj Verma
                                         Counsel for Respondent :- G.A.

                                         Hon'ble Vivek Chaudhary,J.
                                         Hon'ble Om Prakash Shukla,J.

                                         Case is called out.

                                         No one is present on behalf of the petitioner to press the instant
                                         petition. Learned AGA for the State is present.

                                         Accordingly, the writ petition is dismissed for want of
                                         prosecution.

                                         Consigned to record.




                                                          (Om Prakash Shukla,J.) (Vivek Chaudhary,J.)



                                         Order Date :- 26.11.2024
                                         (Manoj K.)




Digitally signed by :-
MANOJ KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.