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Allahabad High Court

SMT GEETA DEVI AND ANOTHERversusState of UP AND 2 OTHERS

Decided

Holding

The petition is dismissed for non prosecution.

Summary

Petitioners Smt. Geeta Devi and another filed Criminal Miscellaneous Writ Petition No. 8845 of 2024 before the High Court of Judicature at Allahabad. The petition was listed in the revised call, but no counsel appeared on behalf of the petitioners to press the petition, although the learned Additional Government Advocate for the State was present. The Court noted the absence of representation and dismissed the writ petition on the ground of non prosecution. Consequently, any interim order that had been granted earlier was vacated. The judgment was delivered by Hon'ble Judges Ajay Bhanot and Divesh Chandra Samant on 23 September 2026.

Issues considered

  • What is the appropriate course of action when a writ petition is not prosecuted due to the absence of petitioner’s counsel?

Subjects

  • writ petition
  • non prosecution
  • interim order
  • vacated

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 8845 of 2024

                                    Smt Geeta Devi And Another
                                                                                             .....Petitioner(s)
                                                                       Versus

                                    State Of Up And 2 Others
                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)       : Devesh Kumar Shukla, Dharmesh
                                                                      Kumar Shukla
                                    Counsel for Respondent(s)       : Anand Kumar Pandey, 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 counsel for the
                                    petitioners is shown in the cause list. None appears on behalf of
                                    the petitioners 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
                                    Virendra




Digitally signed by :-
VIRENDRA KUMAR BHARTEEY
High Court of Judicature at Allahabad


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