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Allahabad High Court

PREM CHANDRversusState of UP AND 3 OTHERS

Decided

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Prem Chandr, filed Criminal Miscellaneous Writ Petition No. 9609 of 2024 before the Allahabad High Court seeking relief against the State and three others. The petition was listed for hearing but no counsel appeared on behalf of the petitioner, although the names of counsel (Lal Chand Jaiswal and Raj Kamal) were shown in the cause list. The learned Additional Government Advocate for the State was present. The Court observed that the petition could not be pursued due to the petitioner’s failure to prosecute the writ petition. Consequently, the Court dismissed the petition for non‑prosecution and vacated any interim order that might have been in force. The judgment was delivered by Judges Ajay Bhanot and Divesh Chandra Samant on 23 September 2026.

Issues considered

  • What is the appropriate course of action when a petitioner fails to appear or prosecute a filed writ petition?

Subjects

  • writ petition
  • non prosecution
  • dismissal
  • criminal miscellaneous
  • Allahabad High Court

Judgment

                                                      HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       CRIMINAL MISC. WRIT PETITION No. - 9609 of 2024

                                    Prem Chandr
                                                                                                   .....Petitioner(s)
                                                                           Versus

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

                                    Counsel for Petitioner(s)                :   Lal Chand Jaiswal, Raj Kamal
                                    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 petitioner to press the writ
                                    petition. Names of counsel for the petitioner 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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