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Allahabad High Court

SABHAJEET YADAVversusSTATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND OTHERS

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)
Bench
RAJNISH KUMARBABITA RANI

Holding

The writ petition is dismissed for failure to comply with the court’s procedural direction.

Summary

Petitioner Sabhajeet Yadav filed a criminal miscellaneous writ petition before the Allahabad High Court, Lucknow Bench. The court had earlier issued an order on 22‑12‑2023 directing the petitioner to serve notice to private respondents. The petitioner’s counsel failed to comply with this direction, and no one appeared on behalf of the petitioner to press the petition. Consequently, the court dismissed the writ petition under Chapter XII Rule 4 of the Allahabad High Court Rules, 1952, and vacated any interim order that may have been in force. The dismissal was pronounced on 16‑05‑2024.

Issues considered

  • Whether the writ petition should be dismissed for non‑compliance with the court’s order to serve notice to private respondents under Chapter XII Rule 4

Legislation cited

Subjects

  • writ petition
  • criminal miscellaneous
  • procedural default
  • Chapter XII Rule 4
  • dismissal

Judgment

                                                       Neutral Citation No. - 2024:AHC-LKO:37666-DB

                                         Court No. - 9

                                         Case :- CRIMINAL MISC. WRIT PETITION No. - 9804 of
                                         2023

                                         Petitioner :- Sabhajeet Yadav
                                         Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home
                                         Deptt. Lko. And Others
                                         Counsel for Petitioner :- Santosh Kumar Tirpathi,Surekha
                                         Patel
                                         Counsel for Respondent :- G.A.

                                         Hon'ble Vivek Chaudhary,J.
                                         Hon'ble Narendra Kumar Johari,J.

                                         None appears on behalf of the petitioner to press this petition.

                                         The matter is listed under the heading of Chapter XII Rule 4.

                                         As per office report, steps have not been taken by the petitioner
                                         in compliance of the order dated 22.12.2023.

                                         As the counsel for the petitioner failed to take steps to serve
                                         notice to the private respondents, this writ petition is dismissed
                                         under Chapter XII Rule 4 of the Allahabad High Court Rules,
                                         1952.

                                         The interim order, if any, is vacated.

                                         .

                                                (Narendra Kumar Johari, J.)        (Vivek Chaudhary,J.)

                                         Order Date :- 16.5.2024
                                         Reena/-




Digitally signed by :-
REENA KANNAUJIYA
High Court of Judicature at Allahabad,
Lucknow Bench


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